GIFT  OF 


GIFT 


SCHOOL  LAWS 


OF 


TEXAS 


1911 


F.  M.  BRALLEY 

STATE   SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 


Any  person  desiring  a  copy  of  the  School    Laws  should    apply 

to  the  County  Superintendent  or  ex  officio  County 

Superintendent  of  his  county. 


Austin  Printing  Co,,^B£»AtMtin,  Texas. 


313-911-15m 


SCHOOL  LAWS 


OF 


TEXAS 


1911 


F.  M.  BRALLEY 

STATE   SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 


Any  person  desiring  a  copy  of  the  School   Laws  should   apply 

to  the  County  Superintendent  or  ex  officio  County 

Superintendent  of  his  county. 


Atwtin  Printing  Oo.  .^j^Acmtin.  Texag. 


Tt-S 


SCHOOL   LAWS 

OF 

TEXAS 


CONSTITUTIONAL  PROVISIONS. 
ARTICLE  VII. 

SECTION  1.  A  general  diffusion  of  knowledge  being  essential  ta 
the  preservation  of  the  liberties  and  rights  of  the  people,  it  shall  be 
the  duty  of  the  Legislature  of  the  State  to  establish  and  make  suitable 
provisions  for  the  support  and  maintenance  of  an  efficient  system  of 
public  free  schools. 

SEC.  2.  All  funds,  lands  and  other  property  heretofore  set  apart 
and  appropriated  for  the  support  of  the  public  schools,  all  the  alter- 
nate sections  of  lands  reserved  by  the  State  out  of  grants  heretofore 
made,  or  that  may  hereafter  be  made,  to  railroads  or  other  corpora- 
tions of  any  nature  whatsoever,  one-half  of  the  public  domain  of  the 
State,  and  all  sums  of  money  that  may  come  to  the  State  from  the 
sale  of  any  portion  of  the  same  shall  constitute  a  perpetual  public 
school  fund. 

SEC.  3.  One-fourth  of  the  revenue  derived  from  -the  State  occupa- 
tion taxes  and  a  poll  tax  of  one  dollar  on  every  male  inhabitant  of 
this  State  between  the  ages  of  twenty-one  and  sixty  years  shall  be  set 
apart  annually  for  the  benefit  of  the  public  free  schools,  and  in  ad- 
dition thereto  there  shall  be  levied  and  collected  an  annual  ad  valorem 
State  tax  of  such  an  amount,  not  to  exceed  twenty  cents  on  the  one 
hundred  dollars  valuation,  as  with  the  available  school  fund  arising 
from  all  other  sources,  will  be  sufficient  to  maintain  and  support  the 
public  free  schools  of  this  State  for  a  period  of  not  less  than  six 
months  in  each  year,  and  the  Legislature  may  also  provide  for  the  for- 
mation of  school  districts  by  general  or  special  law,  without  the  local 
notice  required  in  other  cases  of  special  legislation,  and  all  such 
school  districts,  whether  created  by  general  or  special  law,  may  em-, 
brace  parts  of  two  or  more  counties.  And  the  Legislature  shall  be 
authorized  to  pass  laws  for  the  assessment  and  collection  of  taxes  in 
all  said  districts  and  for  the  management  and  control  of  the  public 
school  or  schools  of  such  districts,  whether  such  districts  are  com- 
posed of  territory  wholly  within  a  county  or  in  parts  of  two  or  more 
counties.  And  the  Legislature  may  authorize  an  additional  ad  va- 
lorem tax  to  be  levied  and  collected  within  all  school  districts  hereto- 
fore formed  or  hereafter^  fprmedJ  for  the  further  maintenance  of 


SCHOOL  IJA'W    OF  TEXAS. 


public  free  schools,  and  the  erection  and  equipment  of  school  build- 
ings therein,  provided  that  a  majority  of  the  qualified  property  tax- 
paying  voters  of  the  district  voting  at  an  election  to  be  held  for  that 
purpose,  shall  vote  such  tax,  not  to  exceed  in  any  one  year  fifty  cents 
on  the  one  hundred  dollars  valuation  of  the  property  subject  to  tax- 
ation in  such  district,  but  the  limitation  upon  the  amount  of  school 
district  tax  herein  authorized  shall  not  apply  to  incorporated  cities 
or  towns  constituting  separate  and  independent  school  districts. 

SEC.  3a.  Every  school  district  heretofore  formed,  whether  formed 
under  the  general  law  or  by  special  act,  and  whether  the  territory  em- 
braced within  its  boundaries  lies  wholly  within  a  single  county  or 
partly  in  two  or  more  counties,  is  hereby  declared  to  be,  and  from  its 
formation  to  have  been,  a  valid  and  lawful  district. 

All  bonds  heretofore  issued  by  any  such  districts  which  have  been 
approved  by  the  Attorney  General  and  registered  by  the  Comptroller 
are  hereby  declared  to  be.  and  at  the  time  of  their  issuance  to  have 
been,  issued  in  conformity  with  the  Constitution  and  laws  of  this 
State,  and  any  and  all  such  bonds  are  hereby  in  all  things  validated 
and  declared  to  be  valid  and  binding  obligations  upon  the  district  or 
districts  issuing  the  same. 

Each  such  district  is  hereby  authorized  to,  and  shall,  annually  levy 
and  collect  an  ad  valorem  tax  sufficient  to  pay  the  interest  on  all  such 
bonds  and  to  provide  a  sinking  fund  sufficient  to  redeem  the  same  at 
maturity,  not  to  exceed  such  a  rate  as  may  be  provided  by  law  under 
other  provisions  of  this  Constitution. 

And  all  trustees  heretofore  elected  in  districts  made  up  from  more 
than  one  county  are  hereby  declared  to  have  been  duly  elected,  and 
shall  be  and  are  hereby  named  as  trustees  of  their  respective  districts, 
with  power  to  levy  the  taxes  herein  authorized  until  their  successors 
shall  be  duly  elected  and  qualified  as  is  or  may  be  provided  by  law. 

SEC.  4.  The  land  herein  set  apart  to  the  public  free  school  fund 
shall  be  sold  under  such  regulations,  at  such  times,  and  on  such  terms 
as  may  be  prescribed  by  law,  and  the  Legislature  shall  not  have  the 
power  to  grant  any  relief  to  purchasers  thereof.  The  Comptroller 
shall  invest  the  proceeds  of  such  sales  and  of  those  heretofore  made  as 
may  be  directed  by  the  Board  of  Education  herein  provided  for,  in 
the  bonds  of  the  United  States,  the  State  of  Texas  or  counties  in  said 
State,  or  in  such  other  securities  and  under  such  restrictions  as  may 
be  prescribed  by  law  ;  and  the  State  shall  be  responsible  for  all  invest- 
ments. 

SEC.  5.  The  principal  of  all  bonds  and  other  funds,  and  the  prin- 
cipal arising  from  the  sale  of  the  lands  hereinbefore  set  apart  to  said 
school  fund,  shall  be  the  permanent  school  fund;  and  all  interest  de- 
rivable therefrom  and  the  taxes  herein  authorized  and  levied  shall  be 
the  available  school  fund,  to  which  the  Legislature  may  add  not  ex- 
ceeding one  per  cent  annually  of  the  total  value  of  the  permanent 
school  fund  ;  such  value  to  be  ascertained  by  the  Board  of  Education 
until  otherwise  provided  by  law;  and  the  available  school  fund  shall 
be  applied  annually  to  the  support  of  the  public  free  schools.  And 
no  law  shall  ever  be  enacted  appropriating  any  part  of  the  permanent 
or  available  school  fund  to  any  other  purpose  whatever;  nor  shall  the 


CONSTITUTIONAL  PROVISIONS.  5 

same  or  any  part  thereof  ever  be  appropriated  to  or  used  for  the  sup- 
port of  any  sectarian  school ;  and  the  available  school  fund  herein 
provided  shall  be  distributed  to  the  several  counties  according  to 
their  scholastic  population,  and  applied  in  such  manner  as  may  be 
.provided  by  law. 

SEC.  6.  All  lands  heretofore  or  hereafter  granted  to  the  several 
counties  of  this  State  for  educational  purposes  are  of  right  the  prop- 
erty of  said  counties,  respectively,  to  which  they  were  granted,  and 
title  thereto  is  vested  in  said  counties,  and  no  adverse  possession  or 
limitation  shall  ever  be  available  against  the  title  of  any  county.  Eirek 
county  may  sell  or  dispose  of  its  lands  in  whole  or  in  part,  in  manner 
to  be  provided  by  the  commissioners  court  of  the  county.  Actual 
settlers  residing  on  said  lands  shall  be  protected  in  the  prior  right  of 
purchasing  the  same,  to  the  extent  of  their  settlement,  not  to  exceed 
one  hundred  and  sixty  acres,  at  the  price  fixed  by  said  court,  which 
price  shall  not  include  the  value  of  existing  improvements  made 
thereon  by  such  settlers.  Said  lands  and  the  proceeds  thereof  when 
sold  shall  be  held  by  said  counties  alone  as  a  trust  for  the  benefit  of 
public  schools  therein,  said  proceeds  to  be  invested  in  bonds  of  the 
United  States,  the  State  of  Texas  or  counties  in  said  State,  or  in  such 
other  securities  and  under  such  restrictions  as  may  be  prescribed  by 
law;  and  the  counties  shall  be  responsible  for  all  investments;  the 
interest  thereon  and  other  revenue,  except  the  principal,  shall  be  avail- 
able fund. 

SEC.  7.  Separate  schools  shall  be  provided  for  the  white  and  col- 
ored children,  and  impartial  provision  shall  be  made  for  both. 

SEC.  8.  The  Governor,  Comptroller  and  Secretary  of  State  shall 
constitute  a  Board  of  Education,  who  shall  distribute  said  funds  to 
the  several  counties  and  perform  such  other  duties  concerning  public 
schools  as  may  be  prescribed  by  law. 

ARTICLE  XI. 

SEC.  10.  The  Legislature  may  constitute  any  city  or  town  a  separate 
and  independent  school  district.  And  when  the  citizens  of  any  city 
or  town  have  a  charter,  authorizing  the  city  authorities  to  levy  and 
collect  a  tax  for  the  support  and  maintenance  of  a  public  institution 
of  learning,  such  tax  may  hereafter  be  levied  and  collected,  if,  at  an 
election  held  for  that  purpose,  two-thirds  of  the  taxpayers  of  such 
city  or  town  shall  vote  for  such  tax. 


SCHOOL  LAWS  OF  TEXAS. 


STATUTORY  PROVISIONS. 
AVAILABLE  STATE  SCHOOL  FUND. 

SEC.  1.  What  Shall  Constitute. — One-fourth  of  all  occupation 
taxes  and  one  dollar  poll  tax  levied  and  collected  for  the  use  of  pub- 
lic free  schools,  exclusive  of  the  delinquencies  and  cost  of  collections; 
the  interest  arising  from  any  bonds  or  funds  belonging  to  the  perma- 
nent school  fund,  and  all  the  interest  derivable  from  the  proceeds  of 
sale  of  land  heretofore  set  apart  for  the  permanent  school  fund,  which 
have  hitherto  or  may  hereafter  come  into  the  State  Treasury;  all 
moneys  arising  from  the  lease  of  school  lands,  and  such  an  amount 
of  State  tax,  not  to  exceed  twenty  cents  on  the  one  hundred  dollars 
valuation  of  property,  as  may  be  from  time  to  time  levied  by  the  Leg- 
islature, shall  constitute  the  available  school  fund,  which  fund  shall 
be  apportioned  annually  to  the  several  counties  of  this  State,  accord- 
ing to  the  scholastic  population  of  each,  for  the  support  and  main- 
tenance of  the  public  free  schools.  [Acts  of  29th  Leg.,  Chap.  124, 
Sec.  10.] 

SEC.  2.  Ad  Valorem  Tax. — There  shall  be  levied  and  collected  an 
annual  ad  valorem  State  school  tax  of  twenty  cents  for  the  year  1907 
and  every  year  thereafter  on  the  one  hundred  dollars  of  the  cash 
value  thereof,  estimated  in  lawful  currency  of  the  United  States,  on 
all  real  property  situated  and  on  all  personal  property  owned  in  the 
State  on  the  first  day  of  January  of  each  year,  and  all  personal  prop- 
erty sent  out  of  the  State  for  the  purpose  of  avoiding  the  payment  of 
taxes  thereon  and  afterwards  returned  to  the  State,  except  so  much 
thereof  as  may  be  exempted  by  the  Constitution  and  laws  of  this  State 
or  the  United  States,  which  cash  value  shall  be  estimated  in  the  man- 
ner prescribed  by  law.  [Art.  5047,  R.  S.,  as  amended  by  Chap.  66, 
Acts  of  30th  Leg.] 

SEC.  3.  Rate  of  Taw. — *  *  *  In  calculating  the  rate  to  be  col- 
lected for  public  free  school  purposes  the  [State  tax]  board  shall  take 
into  consideration  the  number  of  children  in  the  State  within  the 
scholastic  age  to  be  determined  from  the  most  recent  official  school 
census ;  and  shall  fix  a  rate  that  will  yield  and  produce  for  such  fiscal 
year  four  dollars  per  capita  for  all  the  children  within  the  scholastic 
age  as  shown  by  said  scholastic  census;  provided,  the  rate  so  fixed  for 
any  year  shall  never  exceed  the  rate  fixed  by  law.  [Acts  1st  Called 
Session  of  30th  Leg.,  Chap.  13,  Sec.  3.] 

COUNTY  SCHOOL  FUND. 

SEC.  4.  Duty  of  Commissio-aers  Court. — It  shall  be  the  duty  of  the 
commissioners  court  to  provide  for  the  protection,  preservation  and 
disposition  of  all  lands  heretofore  granted,  or  that  may  hereafter  be 
granted  to  the  county  for  education  or  schools.  [Art.  1550,  R._S.] 

SEC.  5.     Disposition  of  La/nds. — Each  county  may  sell  or  dispose  of 


STATE  BOARD  OF  EDUCATION.  7 

the  lands  granted  to  it  for  educational  purposes  in  such  manner  as 
may  be  provided  by  the  commissioners  court  of  such  county;  and  the 
proceeds  of  any  such  sale  shall  be  invested  in  bonds  of  the  State  of 
Texas,  or  of  the  United  States,  and  held  by  such  county  alone  as  a 
trust  for  the  benefit  of  public  free  schools  therein,  only  the  interest 
thereon  to  be  used  and  expended  annually.  [Art.  4271,  R.  S.] 

Dallas  County  v.  Club  Land  and  Cattle  Company,  66  Southwestern  Re- 
porter, 294. 

Note.— See  Sections  13  and  118. 

SEC.  6.  Income  from  Lease.— The  proceeds  of  any  .leasing  or  rent- 
ing of  lands  heretofore  granted  by  the  State  of  Texas  to  the  several 
counties  thereof  for  educational  purposes  shall  be  appropriated  by 
the  commissioners  court  of  said  counties  in  the  same  manner  as  is  pro- 
vided by  law  for  the  appropriation  of  the  interest  on  bonds  purchased 
with  the  proceeds  of  the  sale  of  such  lands;  and  the  proceeds  arising 
from  the  sale  of  timber  on  said  lands,  or  any  part  thereof,  shall  be 
invested  in  like  manner  as  the  Constitution  and  law  requires  of  pro- 
ceeds of  sales  of  such  lands ;  and  it  shall  be  unlawful  for  the  commis- 
sioners court  of  any  county  to  apply  said  proceeds,  or  any  part 
thereof,  to  any  other  purpose,  or  to  loan  the  same,  except  as  above 
required.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  12.] 

STATE  BOARD  OF  EDUCATION. 

SEC.  7.  Members. — The  Governor,  Secretary  of  State  and  Comp- 
troller shall  constitute  a  State  Board  of  Education,  which  shall  hold 
its  sessions  at  the  seat  of  government.  The  Governor  shall  be  ex  officio 
president  of  the  board,  and  a  majority  of  the  members  shall  consti- 
tute a  quorum  for  the  transaction  of  business.  [Acts  of  29th  Leg., 
Chap.  124,  Sec.  21.] 

SEC.  8.  Secretary. — The  State  Superintendent  shall  be  ex  officio 
secretary  of  the  State  Board  of  Education,  and  shall  keep  a  complete 
record  of  all  its  proceedings,  which  shall  be  signed  by  the  president 
of  the  Board  and  attested  by  the  Superintendent.  [Acts  of  29th  Leg., 
Chap.  124,  Sec.  22.] 

SEC.  9.  Shall  Make  Apportionment. — The  State  Board  of  Education 
shall,  on  or  before  the  first  day  of  August  in  each  year,  based  on  the 
estimate  theretofore  furnished  said  Board  by  the  Comptroller,  make 
an  apportionment  for  the  succeeding  scholastic  year,  of  the  available 
State  school  fund  among  the  several  counties  of  the  State,  and  the 
several  cities  and  towns  and  school  districts  constituting  separate 
school  organizations,  according  to  the  scholastic  population  of  each ; 
and  thereupon  the  State  Superintendent  of  Public  Instruction,  as 
secretary  of  such  Board,  shall  certify  to  the  treasurer  of  each  county, 
city  or  town  and  of  each  school  district  constituting  a  separate  school 
organization,  the  total  amount  of  available  school  fund  so  apportioned 
to  each  such  county,  city  or  town  or  school  district,  which  certificate 
shall  be  signed  by  the  Governor  as  president  of  such  Board,  counter- 
signed by  the  Comptroller,  and  attested  by  the  State  Superintendent 
of  Public  Instruction,  as  secretary  of  such  Board.  [Acts  of  31st  Leg., 
2nd  Called  Session,  Chap.  17,  Sec.  4.] 


8  SCHOOL  LAWS  OP  TEXAS. 

SEC.  12.  Authorized  to  Invest  State  Permanent  School  Fund. — 
The  Board  of  Education  is  hereby  authorized  and  empowered  to  invest 
the  permanent  public  free  school  funds  of  the  State  in  bonds  of  the 
United  States,  the  State  of  Texas,  the  bonds  of  the  counties  of  the 
State  and  the  independent  or  common  school  districts,  road  precinct, 
drainage,  irrigation,  navigation,  and  levee  districts  of  said  State, 
and  the  bonds  of  incorporated  cities  and  towns,  and  the  bonds  of 
road  precincts  of  any  county  of  Texas,  and  the  bonds  of  drainage, 
irrigation,  navigation,  and  levee  districts  of  any  county  or  counties 
of  Texas.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  2,  as  H mended  by  31st 
Leg.,  Chap.  110.] 

SEC.  13.  Duties  of  Parties  Offering  Bonds  for  Sale. — Hereafter 
when  any  county  bonds  or  the  bonds  of  any  incorporated  city,  inde- 
pendent or  common  school  district,  road  precinct,  drainage,  irriga- 
tion, navigation,  and  levee  districts,  are  offered  for  sale,  the  party 
offering  or  proposing  to  sell  such  bonds  shall  first  submit  them  ta 
the  Attorney  General  of  the  State,  who  shall  carefully  inspect  and 
examine  the  same  in  connection  with  the  law  under  which  they  wore 
issued,  and  shall  diligently  inquire  into  the  facts  and  circumstances 
so  far  as  may  be  necessary  to  determine  the  validity  thereof, 
and  upon  being  satisfied  that  such  bonds  were  issued  in  conformity 
with  law,  and  that  they  are  valid  and  binding  obligations  upon  the 
county  or  incorporated  city  [independent],  or  common  school  dis- 
trict, road  precinct,  drainage,  irrigation,  navigation  and  levee 
districts,  by  which  they  were  issued,  he  shall  thereupon  cer- 
tify to  their  validity,  and  his  certificate  to  that  effect,  so 
procured  by  the  party  offering  such  bonds  for  sale,  shall 
be  submitted  to  the  Comptroller  or  Board  of  Education,  with 
the  bonds  so  offered  for  sale;  and  should  the  same  be 
purchased  as  an  investment  for  the  permanent  public  free  school 
fund  from  the  county  or  incorporated  city,  [independent]  or  common 
school  district,  road  precinct,  drainage,  irrigation,  navigation 
and  levee  districts,  issuing  the  same,  or  from  any  person  authorized 
by  said  county  or  incorporated  city,  [independent]  or  common 
school  district,  road  precinct,  drainage,  irrigation,  navigation  and 
levee  districts,  to  act  for  it  in  the  negotiation  or  sale  of  such  bonds, 
they  shall  thereafter  be  held  in  every  action  or  proceeding  in  which 
their  validity  is  or  may  be  called  in  question,  to  be  valid  and  binding 
obligations  of  the  county  or  incorporated  city  [independent]  or 
common  school  district,  road  precinct,  drainage,  irrigation,  naviga- 
tion and  levee  districts  issuing  the  same,  unless  fraudulently  issued, 
or  issued  in  violation  of  the  constitutional  limitation,  and  in  every 
such  action  a  certificate  of  the  Attorney  General  as  aforesaid  (which 
shall  be  carefully  preserved  by  the  Comptroller),  shall  be  admitted 
and  received  as  prima  facie  evidence  of  the  validity  of  the  bonds 
and  coupons  thereto,  which  may  have  been  so  purchased;  and  it  is 
further  provided,  that  the  commissioners  courts  of  the  counties  of 
this  State  are  hereby  authorized  to  invest  the  permanent  school  fund 
belonging  to  their  counties  in  the  manner  provided  in  this  Act  for 
the  investment  of  the  State  fund.  [Acts  of  29th  Leg.,  Chap.  124, 
Sec.  3,  as  amended  by  31st  Leg.,  Chap.  110.] 

SEC.   14.     Board  Must  Examine  Bonds. — Nothing  in  the  preced- 


STATE  BOARD  OF  EDUCATION.  9 

ing  article  shall  be  so  construed  as  to  relieve  the  Comptroller  or 
Board  of  Education  from  the  duty  of  a  careful  examination  of  the 
bonds  offered  as  an  investment  for  the  permanent  public  free  school 
fund  of  the  State,  an  investigation  of  the  facts  tending  to  show  the 
validity  thereof,  and  such  Board  of  Education  may  decline  to  pur- 
chase same  unless  satisfied  that  they  are  a  safe  and  proper  invest- 
ment for  such  fund,  and  no  bonds  shall  be  purchased  as  an  invest- 
ment for  the  permanent  public  free  school  fund  that  do  not  bear  as 
great  a  rate  of  interest  as  at  least  three  per  cent  per  annum ;  and  no 
county  bonds  or  bonds  of  any  incorporated  city  [independent]  -xxr~ 
common  school  district,  road  precinct,  drainage,  irrigation,  naviga- 
tion and  levee  districts,  shall  be  purchased  as  an  investment 
for  the  permanent  public  free  school  fund  when  the  in- 
debtedness of  such  county,  incorporated  city,  [independent]  or 
common  school  district,  road  precinct,  drainage,  irrigation,  navi- 
gation and  levee  districts,  inclusive  of  the  bonds  so  offered,  shall  ex- 
ceed seven  per  cent  of  the  assessed  value  of  the  real  estate  in  such 
county  or  incorporated  city  [independent]  or  common  school  dis- 
trict, road  precinct,  drainage,  irrigation,  navigation  and  levee  dis- 
tricts, and  if  any  default  be  made  in  the  payment  of  the  interest  due 
upon  such  bonds,  the  Board  of  Education  may  at  any  time  prior 
to  the  payment  of  such  overdue  interest,  elect  to  treat  the  principal 
as  also  due,  and  the  same  shall  thereupon,  at  the  option  of  the  Board 
of  Education,  become  due  and  payable,  and  the  payment  of  both 
such  principal  and  interest  shall  in  all  cases  be  enforced  in  such 
manner  as  is  or  may  be  provided  by  law,  and  the  right  to  enforce 
such  collection  shall  never  be  barred  by  any  law  or  limitation 
whatever.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  4,  as  amended  by 
31st  Leg.,  Chap.  110.] 

SEC.  15.  Estoppel. — In  all  cases  where  the  proceeds  of  the  sales 
of  any  bonds  have  been  received  by  the  proper  officers  of  the  county 
or  incorporated  city,  [independent]  or  common  school  district,  road 
precinct,  drainage,  irrigation,  navigation  and  levee  districts,  or  by 
the  party  acting  for  it  in  negotiating  the  sale  thereof,  such  county 
or  incorporated  city,  [independent]  or  common  school  district,  road 
precinct,  drainage,  irrigation,  navigation  and  levee  districts,  shall 
thereafter  be  estopped  from  denying  the  validity  of  such  bonds  so  is- 
sued, and  the  same  shall  be  held  to  be  valid  and  binding  obligations  of 
the  county  or  incorporated  city,  [independent]  or  common  school 
district,  road  precinct,  drainage,  irrigation,  navigation  and  levee 
districts,  for  the  amount  of  bonds  sued  on  and  interest  thereon,  at 
the  rate  mentioned  therein,  deducting  such  amounts,  if  any,  as  have 
been  previously  paid  thereon.  [Acts  of  29th  Leg.,  Chap.  124,  Sec. 
5,  as  amended  by  31st  Leg.,  Chap.  110.] 

SEC.  16.  Bonds  Must  Be  Offered  to  State.  Board. — Whenever  any 
county  or  incorporated  city,  [independent]  or  common  school  dis- 
trict, road  precinct,  drainage,  irrigation,  navigation  and  levee  dis- 
tricts of  this  State  issues  any  bonds,  and  they  have  been  approved 
by  the  Attorney  General,  as  is  required  by  the  previous  articles  of 
this  chapter,  the  county  judge  of  the  county  or  the  mayor  of  the  in- 
corporated city  or  the  president  of  the  board  of  trustees  of  the  [in- 
dependent or]  common  school  district  or  the  county  judge  or  party 


10  SCHOOL  LAWS  OF  TEXAS. 

authorized  by  law  to  sell  the  bonds  of  road  precincts,  or  drainage, 
irrigation,  navigation  or  levee  districts,  as  the  case  may  be,  shall 
notify  the  State  Board  of  Education  of  all  bids  received  for  such 
bonds,  and  the  county  judge,  or  mayor,  or  president  of  the  board 
of  trustees,  as  the  case  may  be,  shall  give  the  State  Board  of  Educa- 
ton  an  option  of  ten  days  in  which  to  purchase  such  bonds;  pro- 
vided, that  the  Board  of  Education  will  pay  the  price  offered  for 
such  bonds  by  the  best  bona  fide  bidder,  and  if  the  Board  of  Edu- 
cation shall  fail  to  purchase  such  bonds  within  the  prescribed  time, 
then  the  county  judge,  or  mayor,  or  president  of  the  board  of  trus- 
tees, as  the  case  may  be,  shall  sell  the  bonds  to  the  best  bona  fide 
bidder.  In  the  event  the  State  Board  of  Education  shall  pay  a  pre- 
mium out  of  the  permanent  school  fund  on  any  bonds  purchased  as 
an  investment  for  the  permanent  school  fund,  then  the  principal  of 
such  bonds  and  an  amount  of  the  interest  first  accruing  on  such 
bonds  equal  to  the  premium  so  paid,  shall  be,  and  be  treated  as  the 
principal  in  such  investment,  and  when  such  first  interest  is  collected, 
such  sum  of  the  same  shall  be  returned  to  the  permanent  school  fund. 
And  if  they  purchase  said  bonds  for  less  than  par,  the  discount  they 
receive  in  the  purchase  of  said  bonds  shall  be  paid  to  the  available 
school  fund  when  the  bonds  are  paid  off  and  discharged.  The  price 
paid  for  bonds  shall  be  endorsed  thereon  at  the  time  the  same  are  pur- 
chased ;  provided,  that  where  said  board  shall  refuse  to  purchase  bonds 
from  the  county,  city  or  [independent  or]  common  school  district,  road 
precinct,  drainage,  irrigation,  navigation  and  levee  districts  or  the  par- 
ties to  whom  said  bonds  were  issued,  then  in  no  event  shall  said 
board  purchase  said  bonds  from  any  subsequent  owner  or  holder  of 
the  same.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  6,  as  amended  by 
31st  Leg.,  Chap.  110.] 

SEC.  17.  Payment  of  Interest  on  Bonds  to  Be  Waiver.— The  pay- 
ment of  any  interest  upon  any  bonds  heretofore  purchased  with 
public  school  funds,  or  belonging  thereto,  shall  be  deemed  and  held 
a  waiver  of  any  supposed  error,  irregularity,  or  want  of  authority 
affecting  or  tending  to  affect  the  validity  of  any  such  bonds,  and 
the  same  shall  thereafter  be  held  to  be  valid  and  binding  obligations 
upon  the  county  by  which  they  appear  or  purport  to  have  been  is- 
sued, notwithstanding  any  such  supposed  error,  irregularity,  or  want 
of  authority  as  aforesaid.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  7.] 

SEC.  18.  Jurisdiction  in  District  Court  of  Travis  County. — The 
district  court  of  Travis  county  shall  have  jurisdiction  of  any  suit 
upon  bonds  or  obligations  belonging  to  the  permanent  public  school 
funds,  or  purchased  therewith,  concurrent  with  that  of  any  other 
court  having,  jurisdictoin  in  said  case.  [Acts  of  29th  Leg.,  Chap. 
124,  Sec.  8.] 

SEC.  19.  Extent  of  These  Provisions. — The  provisions  of  this  chap- 
ter shall  extend  to  any  bonds  or  securities  other  than  the  bonds  of  the 
State  or  of  the  United  States,  in  which  the  public  school  funds  are  or 
may  hereafter  be  invested,  as  now  or  hereafter  authorized  or  pre- 
scribed by  law,  and  also  to  any  bonds  or  securities  purchased  with  any 
of  the  permanent  funds  set  apart  for  the  support,  maintenance  and 
improvement  of  any  of  the  asylums  or  other  institutions  of  this 
State.  [Acts  of  29th  Leg.,  Chapter  124,  Sec.  9.] 


STATE  BOARD  OF  EDUCATION.  11 

SEC.  20.  Board  May  Create  School  Districts  at  Eleemosynary  In- 
stitutions.— The  State  "Board  of  Education  is  hereby  authorized  and 
empowered  to  create  new  school  districts  at  such  of  the  several 
eleemosynary  institutions  of  the  State,  including:  the  State  Orphan 
Asylum,  or  at  any  and  all  orphan  homes  or  like  institutions  now 
existing'  or  that  may  hereafter  be  established  by  the  Odd  Fellows, 
Masons,  Knights  of  Pythias  and  other  fraternal  organizations,  or 
other  like  organizations;  provided,  only,  that  the  number  of  chil- 
dren within  the  scholastic  age  in  each  instance  be  sufficient  to  jus- 
tify such  action.  The  territorial  limits  in  each  case  to  be  co- 
extensive with  the  property  lines  of  the  institution.  [Acts  of  2$tlr 
Leg.,  Chap.  124,  Sec.  176.] 

SEC.  21.  Trustees  for  Such  Districts. — Upon  the  exercise  of  the 
power  here  granted,  the  State  Superintendent  of  Public  Instruc- 
tion shall  appoint  a  board  of  three  trustees  for  each  district  so 
created,  and  such  trustees  need  not  be  residents  of  such  district,  and 
the  fact  shall  be  duly  certified  to  local  authorities  for  information 
and  observance,  and  upon  the  creation  of  such  districts  the  trustees 
shall  take  and  certify  the  census  of  the  children  within  the  scholastic 
age,  and  the  funds  shall  thereafter  be  apportioned  directly  to  such 
district  and  the  law  pertaining  to  independent  districts  shall  gov- 
ern so  far  as  applicable,  though  the  State  Board  of  Education  may 
make  such  special  regulations  and  orders  for  the  government  of 
such  districts  as  they  may  deem  expedient.  [Acts  of  29th  Leg., 
Chap.  124,  Sec.  177.] 

SEC.  22.  Transfer  of  Funds.— Upon  the  creation  of  a  district  as 
above  provided,  it  shall  be  the  duty  of  the  Bounty  school  superin- 
tendent to  transfer  to  such  district  whatever  amount  of  money  may 
have  been  apportioned  for  the  current  school  year  to  the  old  dis- 
trict for  and  in  behalf  of  the  children  included  in  the  new  district; 
provided  only,  such  children  may  not  have  had  the  advantage  of 
such  fund  in  the  old  district.  [Acts  of  29th  Leg.,  Chap.  124^  Sec. 
178,.] 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

SEC.  23.  Election  of. — There  shall  be  elected  at  each  general  elec- 
tion for  State  and  county  officers,  a  State  Superintendent  of  Public 
Instruction,  who  shall  hold  his  office  for  a  term  of  two  years,  and 
until  his  successor  is  elected  and  qualified,  and  shall  receive  an  an- 
nual salary  of  twenty-five  hundred  dollars,  and  may  employ  as 
many  clerks  as  may  be  necessary  to  perform  the  duties  of  his  office; 
provided,  that  no  greater  number  shall  be  employed  than  the  Legis- 
lature has  appropriated  salaries  for.  The  Superintendent  shall 
take  the  oath  of  office  prescribed  by  the  Constitution,  and  shall  per- 
form such  duties  as  may  be  prescribed  by  law.  Appeals  shall  al- 
ways lie  from  the  rulings  of  the  State  Superintendent  to  the  State 
Board  of  Education.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  24.] 

SEC.  24.  General  Duties. — The  Superintendent  of  Public  In- 
struction shall  be  charged  with  the  administration  of  the  school 
laws  and  a  general  superintendency  of  the  business  relating  to  the 
public  schools  of  the  State.  He  shall  hear  and  determine  all  ap- 
peals from  the  rulings  and  decisions  of  subordinate  school  officers, 


12  SCHOOL  LAWS  OP  TEXAS. 

and  all  such  officers  and  teachers  shall  conform  to  his  decisions  un- 
less they  are  reversed  by  the  State  Board  of  Education.  He  shall 
prescribe  suitable  forms  for  reports  required  of  subordinate  school 
officers  and  teachers,  and  blanks  for  their  guidance  in  transacting 
their  official  business  and  conducting  public  schools,  and  shall  from 
time  to  time  prepare  and  transmit  to  them  such  instructions  as  he 
may  deem  necessary  for  the  faithful  and  efficient  execution  of  the 
school  laws,  and  by  whatsoever  is  so  communicated  to  them  shall 
they  be  bound  to  govern  themselves  in  the  discharge  of  their  offi- 
cial duties.  He  shall  examine  and  approve  all  accounts  of  what- 
soever kind  against  the  school  fund  that  are  to  be  paid  by  the  State 
Treasurer,  and  upon  such  approval  the  Comptroller  shall  be  au- 
thorized to  draw  his  warrant.  [Acts  29th  Leg.,  Chap.  124,  Sec.  25.] 

Note. — Under  the  decision  of  the  Supreme  Court  of  Texas  (Harkness  v. 
Hutcherson,  90  Texas,  383;  38  S.  W.,  1120;  Nance  v.  Johnson,  84  Texas,  401; 
19  S.  W.,  559),  controversies  in  regard  to  school  matters  must  be  appealed 
to  the  State  Superintendent  and  to  the  State  Board  of  Education  before  they 
can  be  taken  to  the  courts.  See,  also,  Cochran  v.  Patillo,  41  S.  W.,  537,  and 
Plummer  v.  Gholson,  44  S.  W.,  1.  See  Caswell  v.  Fundenberger,  105  S.  W., 
1017. 

Parties  to  appeals  may  enforce  the  decisions  of  the  State  Superintendent 
by  mandamus.  See  Pearsall  v.  Woolls,  50  S.  W.,  959;  Harkness  v.  Hutcher- 
son, supra;  Watkins  v.  Huff,  63  S.  W.,  922.  Injunction  is  admissible  pend- 
ing appeal  to  school  authorities.  See  McCallum  v.  Adams,  110  S.  W.,  526. 

The  Supreme  Court  has  held  that  appeals  must  be  taken  within  a  reasona- 
ble time.  (Harkness  v.  Hutcherson,  supra;  Watkins  v.  Huff,  supra.) 

The  State  Superintendent  of  Public  Instruction  has  no  jurisdiction  over 
any  question  directly  involving  the  tenure  of  office  of  a  trustee  of  a  school 
district.  (Kimbrough  v.  Barnett,  93  Texas,  301.) 

A  person  having  any  grievance  concerning  a  public  school  should  first 
apply  to  the  teacher  or  principal  of  the  school.  If  the  action  or  decision 
of  the  principal  is  not  satisfactory,  the  matter  may  be  brought  before  the 
board  of  trustees.  If  the  trustees  refuse  to  act  or  their  action  is  unsatisfac- 
tory, an  appeal  may  be  taken  to  the  county  superintendent  and  the  county 
board  of  education.  If  either  party  should  be  dissatisfied,  an  appeal  may  be 
taken  to  the  State  Superintendent.  From  the  State  Superintendent's  deci- 
sion appeal  lies  to  the  State  Board  of  Education.  Instructions  given  on  an 
appeal,  or  certified  question,  accompanied  by  agreed  statement  of  facts, 
asking  for  advice  from  the  State  Superintendent,  shall  be  binding  upon  all 
parties  under  Section  25. 

In  cases  appealed  to  the  State  Superintendent  an  agreed  statement  of 
facts  should  be  submitted,  together  with  the  decisions  of  the  county  super- 
intendent and  county  board  of  education.  In  cases  where  contending  par- 
ties can  not  agree  concerning  the  facts,  the  testimony  submitted  in  the  trial 
before  the  county  superintendent  and  county  board  of  education  should  be 
forwarded  with  the  findings  of  the  county  superintendent  and  the  county 
board  of  education.  The  county  superintendent  should  fasten  all  papers  to- 
gether and  attach  his  statement  that  all  matter  contained  was  before  him 
and  the  county  board  of  education  in  the  trial  of  the  case. 

In  case  where  a  party  appeals  from  the  decisions  of  the  county  superin- 
tendent and  county  board  of  education  in  their  application  of  a  law  or  a 
principle  to  a  given  set  of  circumstances  or  facts  wherein  there  are  no 
opposing  parties,  the  county  superintendent  and  county  board  and  the  party 
appeal  ing  .shall  agree  to  the  facts  in  the  case,  and  the  county  superintendent 
shall  forward  same,  together  with  rulings  thereon,  to  the  State  Department 
of  Education. 

A  party  interested  in  an  appealed  case  may  appear,  In  person,  by  repre- 
sentative or  by  written  argument,  before  the  State  Superintendent  to  make 
presentation  of  his  case.  Appeals  from  boards  of  trustees  in  independent 
districts  of  500  scholastic  population  or  more  do  not  lie  to  the  county  su- 


STATE  SUPERINTENDENT.  13 

perintendent  or  county  board  of  education,  but  to  the  State  Superintendent. 
The  procedure  is  substantially  that  indicated  in  reference  to  appeals  from 
the  decisions  of  the  county  superintendent. 

SEC.  25.  Instructions  Binding. — The  State  Superintendent  shall 
advise  and  counsel  with  the  school  officers  of  the  counties,  cities  and 
towns  and  school  districts  as  to  the  best  method  of  conducting  the 
public  schools,  and  shall  be  empowered  to  issue  instructions  and  reg- 
ulations, binding  for  observance  on  all  officers  and  teachers,  in  all 
cases  wherein  the  provisions  of  the  school  law  may  require  interpreta- 
tion in  order  to  carry  out  the  design  expressed  therein;  also  in  cases 
that  may  arise  in  which  the  law  has  made  no  provision,  and  where~n^- 
cessity  requires  some  rule  in  order  that  there  may  be  no  hardships 
to  individuals,  and  no  delays  or  inconvenience  in  the  management  of 
school  affairs.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  27.] 

SEC.  26.  Shall  Note  Educational  Progress. — It  shall  be  the  duty  of 
the  State  Superintendent  of  Public  Instruction  to  inform  himself 
concerning  the  educational  progress  of  the  different  parts  of  the  State 
and  of  other  States.  In  so  far  as  he  may  be  able  he  shall  visit  different 
sections  of  this  State  and  address  teachers'  institutes,  associations, 
lummer  normals,  and  other  educational  gatherings,  to  instruct  teachers 
and  arouse  educational  sentiment,  and  the  Legislature  shall  make 
adequate  appropriation  for  his  necessary  traveling  expenses,  or  those 
of  his  representative,  when  in  the  service  of  the  State.  [Acts  of  29th 
Leg.,  Chap.  124,  Sec.  29.] 

SEC.  27.  Shall  Have  School  Laws  Printed. — He  shall  cause  to  be 
printed  for  general  distribution  such  number  of  copies  of  the  school 
laws  as  may  at  any  time  be  necessary,  to  be  determined  by  the  State 
Board  of  Education.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  28.] 

SEC.  28.  Shall  Make  Reports.— The  State  Superintendent  shall, 
one  month  before  the  meeting  of  each  regular  session  of  the  Legisla- 
ture, and  ten  days  prior  to  any  special  session  thereof,  at  which,  under 
the  Governor's  proclamation  convening  the  same,  any  legislation  may 
be  had  respecting  the  public  schools,  make  a  full  report  to  the  Board 
of  Education  of  the  condition  of  the  public  schools  throughout  the 
State.  Such  reports  shall  give  all  the  information  called  for  by  the 
Board  of  Education,  and  contain  such  other  matters  as  the  State  Su- 
perintendent shall  deem  important.  [Acts  of  29th.  Leg.,  Chap.  124, 
Sec.  46.] 

SEC.  29.     Governor  Shall  Lay  Such  Reports  Before  Legislature. 

The  Governor  shall  lay  such  reports  before  the  Legislature  and  two 
thousand  copies  of  said  reports  shall  be  printed  in  pamphlet  form  for 
use  of  the  Legislature  and  for  distribution  among  the  various  school 
officers  and  libraries  within  the  State,  and  the  superintendents  of 
public  schools  of  other  States  and  Territories  of  the  United  States 
and  Canada  and  the  Bureau  of  Education  at  Washington  Citv 
[Acts  of  29th  Leg.,  Chap.  124,  Sec.  47.] 

SEC.  30.  School  Officers  to  Make  Reports  to  State  Superintend- 
ent.— The  State  Superintendent  shall  require  of  county  judges, 
county,  city,  and  town  superintendents,  county  and  city  treasurers 
and  treasurers  of  school  boards  and  other  school  officers  and  teachers 
such  school  reports  relating  to  the  school  fund  and  other  school  affairs 


14  SCHOOL  LAWS  OF  TEXAS. 

as  he  may  deem  proper  for  collecting  information  and  advancing  the 
interests  of  the  public  schools,  and  shall  furnish  to  county,  city,  and 
town  superintendents,  and  other  school  officers  and  teachers,  for  the 
use  of  such  officers  and  teachers  the  necessary  blanks  and  forms  for 
making  such  reports  and  carrying  out  such  instructions  as  may  be 
required  of  them ;  and  any  county  judge,  or  county,  city,  or  town  su- 
perintendent, assessor,  treasurer  or  teacher  who  shall  wilfully  fail  to 
make  such  report  within  twenty  days  after  the  same  shall  have  been 
required  by  the  State  Superintendent  to  be  filed,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  on  conviction  be  fined  in  any  sum 
not  less  than  twenty-five  dollars  nor  more  than  five  hundred  dollars, 
the  same  to  be  paid  when  collected  to  the  available  school  fund. 
[Acts  of  29th  Leg.,  Chap.  124,  Sec.  48.] 

Note. — The  annual  reports  of  all  principals  or  superintendents  and  of  all 
treasurers  of  the  school  funds  in  independent  school  districts  which  contain 
•less  than  500  scholastic  population  must  be  filed  with,  examined  and  approved 
by  the  county  superintendent  before  said  reports  are  forwarded  to  the  State 
Department  of  Education. 

Also,  see  Section  79  (c),  as  to  annual  report  and  "last  month's"  salary  of 
principal  or  superintendent. 

SEC.  31.  Reports  to  Be  Filed.— The  State  Superintendent  shall  file 
all  reports,  documents  and  papers  transmitted  to  him  and  the  State 
Board  of  Education  by  county  or  city  school  officers,  and  from  all 
other  sources,  pertaining  to  public  schools,  and  keep  a  complete  index 
of  the  same.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  26.] 

SEC.  32.  Shall  Pro  Rate  Available  Funds  Monthly. — On  the  first 
day  of  each  month  the  State  Superintendent  of  Public  Instruction 
shall  pro  rate  to  the  several  counties,  cities  and  towns  and  school  dis- 
tricts constituting  separate  school  organizations,  according  to  the  scho- 
lastic population  of  each,  the  available  school  money  collected  during 
the  preceding  month  and  then  on  hand  as  shown  by  the  certificate 
issued  that  day  to  him  by  the  Comptroller  and  shall  thereupon  certify 
to  the  Comptroller  the  total  sum  pro  rated  to  each  and  such  certificate 
shall  be  authority  for  the  Comptroller  to  draw  his  warrant  in  favor 
of  the  treasurer  of  each  such  county,  city  or  town  or  school  district 
for  the  amount  stated  in  such  certificate.  He  shall  receive  from  the 
State  Treasurer  all  warrants  drawn  by  the  Comptroller  in  favor  of 
the  treasurer  of  the  available  school  fund  of  each  county,  city  or  town 
and  each  school  district  having  control  of  its  public  schools  and  shall 
transmit  such  warrants  to  the  respective  treasurers  in  favor  of  whom 
they  are  drawn.  [Acts  of  31st  Leg.,  2nd  Called  Session,  Chap.  17, 
Sec.  5.] 

COMPTROLLER. 

SEC.  33.  Shall  Keep  Separate  Account  of  School  Fund. — The 
Comptroller  shall  keep  a  separate  account  of  the  available  State  School 
Fund  arising  from  every  source,  and  shall,  on  or  before  the  meeting 
of  the  State  Board  of  Education  on  or  before  the  first  day  of  August 
of  each  year,  make  an  estimate  of  the  amount  of  available  school  fund 
to  be  received  from  every  source,  and  to  be  available  for  the  succeed- 


STATE  TREASURER.  15 

ing  scholastic  year,  and  report  the  same  to  the  State  Board  of  Educa- 
tion. [Acts  of  31st  Leg.,  2nd  Called  Session,  Chap.  17,  Sec.  1.] 

SEC.  34.  Shall  Draw  Warrants. — The  Comptroller  shall  on  the  first 
working  day  of  ea.ch  month  certify  to  the  State  Superintendent  of 
Public  Instruction  the  total  amount  of  money  collected  from  every 
source  during  the  preceding  month  and  on  hand  to  the  credit  of  the 
available  school  fund,  and  shall  draw  his  warrant  on  the  State  Treas- 
urer and  in  favor  of  the  treasurer  of  the  available  school  fund  of 
each  county,  city  or  town,  and  each  school  district  having  control  of 
its  public  schools,  for  the  amount  stated  in,  and  upon  receipt  of,  the 
certificate  therefor  issued  to  him  on  the  first  day  of  each  montli  by 
the  State  Superintendent  of  Public  Instruction,  and  shall  register  such 
warrants  and  transmit  them  to  the  State  Treasurer.  [Acts  of  31st 
Leg.,  2nd  Called  Session,  Chap.  17,  Sec.  2.] 

SEC.  35.  Report. — The  Comptroller  shall,  on  or  before  the  meeting 
of  each  regular  session  of  the  Legislature,  report  to  the  Legislature  an 
estimate  of  the  amount  of  the  available  school  fund  to  be  received  for 
the  succeeding  two  years,  and  the  several  sources  from  which  the 
same  accrues  and  which  may  be  subject  to  appropriation  for  the  estab- 
lishment and  support  of  public  schools.  [Acts  of  29th  Leg.,  Chap. 
124,  Sec.  15.] 

STATE  TREASURER. 

SEC.  36.  Shall  Keep  Account  of  School  \Funds.-The  State  Treas- 
urer shall  receive  and  hold  as  a  special  deposit  all  money  belonging  to 
the  available  school  fund  and  keep  an  account  of  the  same.  He  shall 
register  every  warrant  drawn  by  the  Comptroller  on  such  fund  in 
favor  of  the  treasurer  of  the  available  school  fund  of  any  county, 
city  or  town  or  school  district  having  control  of  its  public  schools  and 
transmit  such  warrants  to  the  Superintendent  of  Public  Instruction. 
On  presentation  to  him  for  payment,  properly  endorsed,  he  shall  pay 
such  warrants  each  in  the  order  in  which  presented.  [Acts  of  31st 
Leg.,  2nd  Called  Session,  Chap.  17,  Sec.  3.] 

SEC.  37.  Shall  Deposit  Collections  at  Close  of  Month. — *  *  * 
On  the  last  working  day  of  each  month  the  Treasurer  shall  deposit  into 
the  Treasury  to  the  credit  of  the  proper  fund  as  indicated  by  the  lists 
theretofore  furnished  him  by  the  [Land]  Commissioner,  eighty  per 
cent  of  all  collections  which  have  come  into  his  hands  during  that 
month  upon  such  lists,  and  hold  the  remaining  twenty  per  cent 
thereof  upon  deposit  receipts  issued  therefor  by  the  Comptroller; 
provided,  when  the  Commissioner  shall  have  issued  receipts  to  the  re- 
mitters for  remittances,  he  shall  immediately  notify  the  Comptroller 
and  Treasurer  definitely  the  fund  or  funds  to  which  the  whole  of 
such  remittances  so  receipted  for  should  have  been  applied,  and  there- 
upon the  Treasurer  shall  deposit  to  the  credit  of  the  proper  fund  or 
funds  the  remaining  twenty  per  cent  of  such  remittances  so  receipted 
for.  •  The  Commissioner  shall  furnish  all  available  data  to  the  State 
Board  of  Education  when  requested  to  do  so  by  said  Board.  *  *  * 
[Acts  of  31st  Leg.,  2nd  Called  Session,  Chap.  16,  Sec.  4.] 

SEC.  38.  Shall  Report  Condition  of  Funds. — The  State  Treasurer 
shall,  thirty  days  before  each  regular  session  of  the  Legislature,  and 


16  SCHOOL  LAWS  OF  TEXAS. 

ten  days  before  any  special  session,  at  which  any  legislation  can  be  had 
respecting  the  public  schools,  report  to  the  Governor  the  condition  of 
the  permanent  and  available  school  fund,  the  amount  of  each,  and  the 
manner  of  its  disbursement;  and  he  shall  also  make  any  additional 
report  required  by  the  Board  of  Education.  [Acts  of  29th  Leg.,  Chap. 
124,  Sec.  18.] 

SEC.  39.  Shall  Not  Use  School  Funds  for  Other  Purposes.— The 
Treasurer  shall  not  under  any  circumstances,  use  any  portion  of  the 
permanent  or  available  school  funds  in  payment  of  any  warrant 
drawn  against  any  other  fund  whatever.  [Acts  of  29th  Leg.,  Chap. 
124,  Sec.  20.] 

COUNTY  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

SEC.  40.  Office  Established.— The  office  of  county  superintendent 
of  public  instruction  is  hereby  created,  and  the  commissioners  court 
of  every  county  in  this  State  "having  three  thousand  scholastic  popu- 
lation as  shown  by  the  preceding  scholastic  census,  shall  provide  for 
the  election  of  a  county  superintendent  of  public  instruction  at  each 
general  election,  who  shall  be  a  person  of  educational  attainments,  good 
moral  character  and  executive  ability,  and  who  shall  be  provided  by 
the  commissioners  court  with  an  office  in  the  courthouse  and  with  nec- 
essary office  furniture  and  fixtures.  He  shall  be  the  holder  of  a  teach- 
er's first  grade  certificate,  or  teacher's  permanent  certificate,  and  he 
shall  hold  his  office  for  the  term  of  two  years,  and  until  his  successor 
is  elected  and  qualified.  Immediately  after  the  passage  of  this  act, 
in  every  county  that  has  three  thousand  scholastic  population  or  more, 
the  commissioners  court  shall  appoint  a  county  superintendent  of  pub- 
lic instruction,  with  the  qualifications  above  prescribed,  wha  shall 
perform  the  duties  of  such  officer  until  a  county  superintendent  shall 
have  been  elected  as  hereinbefore  provided,  and  shall  have  qualified; 
provided,  that  in  counties  having  less  than  three  thousand  scholastic 
population,  whenever  more  than  twenty-five  per  ce-nt  of  the  qualified 
voters  of  said  county,  as  shown  by  the  vote  for  Governor  at  the  last 
general  election  shall  petition  the  commissioners  court  therefor,  the 
commissioners  court  shall  order  an  election  for  said  county  to  deter- 
mine whether  or  not  the  office  of  county  superintendent  shall  be 
created  in  said  county,  and  if  the  majority  of  the  qualified  property 
tax  paying  voters  at  said  election  shall  vote  for  the  creation  of  the 
office  of  county  superintendent  in  said  county,  the  commissioners 
court,  at  its  next  regular  term  after  the  holding  of  said  election, 
shall  create  the  office  of  county  superintendent  and  name  a  county 
superintendent  who  shall  qualify  under  this  act  and  hold  such  office 
until  the  next  general  election  and  until  his  successor  shall  have  been 
elected  and  qualified.  [Sec.  36,  Chap.  124,  Acts  of  29th  Leg.,  as 
amended  by  Chap.  61,  Acts  of  30th  Leg.] 

SEC.  41.  Shall  Give  Bond. — The  county  superintendent  of  public 
instruction,  before  entering  upon  the  discharge  of  his  duties,  shall 
take  the  oath  of  office  prescribed  by  the  Constitution,  and  shall  enter 
into  a  bond  in  the  sum  of  one  thousand  dollars,  with  good  and  suf- 
ficient sureties,  to  be  approved  by  the  county  commissioners  court, 
and  to  be  filed  with  the  county  clerk  of  his  county.  Said  bond  shall 


COUNTY  SUPERINTENDENT.  17 

be  made  payable  to  the  county  commissioners  court  and  their  suc- 
cessors in  office,  in  trust  for  the  available  school  fund  of  the  county, 
and  be  conditioned  upon  the  faithful  performance  of  the  duties  of 
his  office.  In  case  said  bond  shall  be  forfeited  and  collected,  the  sum 
so  collected  shall  become  a  part  of  the  arailable  school  fund  of  the 
county.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  38.] 

SEC.  42.  Shall  Have  Immediate  Supervision  of  Schools. — The 
county  superintendent  of  "public  instruction  shall  have,  under  the 
direction  of  the  State  Superintendent  of  Public  Instruction,  the  imme- 
diate supervision  of  all  matters  pertaining  to  public  education  irr!»s 
county.  He  shall  confer  with  the  teachers  and  trustees  and  give  them 
advice  when  needed,  visit  and  examine  schools,  and  deliver  lectures 
that  shall  tend  to  create  an  interest  in  public  education.  He  shall 
spend  as  much  as  four  days  in  each  week  visiting  the  schools  while 
they  are  in  session,  when  it  is  possible  for  him  to  do  so.  He  shall  have 
authority  over  all  the  public  schools  within  his  county,  except  such  of 
the  independent  school  districts  as  have  a  scholastic  population  of  five 
hundred  or  more.  In  such  independent  school  districts  as  have  less 
than  five  hundred  scholastic  population  the  reports  of  the  principals 
and  treasurers  to  the  State  Department  of  Education  shall  be  ap- 
proved by  the  county  superintendent  before  they  are  forwarded  to 
the  State  Superintendent,  and  all  appeals  in  such  independent  school 
districts  shall  lie  to  the  county  superintendent  and  county  board  of 
education,  and  from  the  decisions  of  the  county  superintendent  and 
county  board  of  education  to  the  State  Superintendent  of  Public  In- 
struction and  to  the  State  Board  of  Education.  [Sec.  37,  Chap.  124, 
Acts  of  29th  Leg.,  as.  amended  by  Chap.  61,  Acts  of  30th  Leg.,  and 
Chap  26,  Acts  of  32nd  Leg.] 

Note. — In  the  case  of  Webb  County  v.  Laredo  (65  S.  W.,  878;  95  Texas, 
131),  the  Supreme  Court  of  the  State,  after  quoting  Section  1  of  Article  7 
of  the  Constitution,  says: 

"This  devolves  the  duty  of  establishing  and  maintaining  public  free  schools 
upon  the  Legislature,  and  shows  that  the  function  of  such  establishment  and 
maintenance  was  to  be  performed  by  State  agencies  ....  Though,  in  a  sense, 
a  county  officer,  and  though  called  'county  superintendent,'  he  is,  in  fact, 
the  officer  and  agent  of  the  State— the  State  having  assumed  the  functions 
of  maintaining  public  free  schools  for  the  education  of  the  children  through- 
out its  domain,  the  counties  being  recognized  with  reference  to  that  business 
merely  as  convenient  subdivisions  of  territory,  and  some  of  their  officers 
as  proper  agents  for  the  administration  of  affairs  relating  to  the  public  free 
schools." 

Note. — The  certificate  of  all  teachers  in  the  county  must  be  registered  In 
the  county  superintendent's  office.  See  Section  95. 

The  county  superintendent  is  required  to  approve  the  contracts  with 
teachers  and  all  vouchers  drawn  against  the  school  funds  in  independent 
districts  having  each  fewer  than  150  scholastics.  See  Section  51. 

SEC.  43.  Shall  Conduct  County  Teachers'  Institute. — *  *  *  The 
county  superintendent  shall  organize  and  hold,  with  such  assistance 
as  may  be  necessary,  within  the  first  four  months  of  the  scholastic 
year,  one  institute  of  five  consecutive  days  for  white  and  for  colored 
teachers,  respectively,  and  he  shall  require  the  attendance  of  white 
teachers  upon  the  institute  for  white  teachers  and  the  attendance  of 
colored  teachers  upon  the  institute  for  colored  teachers;  provided, 
that  a  failure  to  comply  with  these  requirements  shall  be  sufficient 


18  SCHOOL  LAWS  OF  TEXAS. 

cause  for  his  removal  from  office;  provided,  further,  that  the  county 
superintendent  of  public  instruction  shall  be  authorized  to  cancel  the 
certificate  of  any  teacher  who  wilfully  and  persistently  absents  him- 
self from  attendance  upon  the  county  teachers'  institute;  provided, 
that  the  board  of  school  trustees  in  any  independent  school  district 
having  five  hundred  or  more  scholastic  population  may  authorize  the 
superintendent  or  principal  to  organize  and  hold  institutes  for  the 
teachers  of  such  district,  in  lieu  of  the  county  institute;  provided, 
that  the  plan,  scope  and  quality  of  the  work  of  the  said  city  insti- 
tutes shall  be  approved  by  the  State  Superintendent  of  Public  In- 
struction. [Sec.  37,  Chap.  124,  Acts  of  29th  Leg.,  as  amended  by 
Chap.  61,  Acts  of  30th  Leg.,  and  Chap.  96,  Acts  of  32nd  Leg.] 

SEC.  43A.  Shall  Attend  Summer  Normals  and  County  Institutes. — 
It  shall  be  the  duty  of  all  teachers  in  the  public  schools  of  this  State 
to  attend  the  summer  normal  and  county  institutes  as  far  as  possible. 
[Acts  of  29th  Leg.,  Chap.  124,  Sec.  104.] 

Note. — See  Section  43  for  penalty  for  neglecting  to  attend  institutes. 

SEC.  43B.  Shall  Keep  Record  of  Attendance  and  Certify  to  Same. — 
It  shall  be  the  duty  of  the  county  superintendent  of  public  instruc- 
tion, or  the  county  judge  when  acting  as  such,  to  keep  a  correct  ac- 
count of  the  attendance  of  the  teachers  who  attend  the  institutes,  and 
also  an  account  of  the  teachers  who  attend  the  summer  normals  held 
in  the  county  of  which  he  is  such  county  superintendent  of  public 
instruction,  or  county  judge,  when  acting  as  such,  and  to  certify  the 
attendance  of  the  holder  of  such  certificates  on  said  certificates.  The 
conductor  of  each  summer  normal  school  in  this  State  shall  report  to 
the  county  superintendent  or  ex  officio  county  superintendent  of  the 
county  wherein  said  normal  is  held,  a  correct  record  of  the  daily  at- 
tendance of  teachers  on  said  normal,  and  shall  certify  to  the  faithful 
performance  of  the  duties  of  said  teachers  while  in  attendance  on 
said  normal ;  provided,  that  teachers  who  attend  the  county  teachers ' 
institutes  shall  receive  full  pay  as  provided  under  their  contract,  for 
each  day  they  are  absent  from  the  schools  they  have  contracted  to 
teach,  and  are  in  actual  attendance  at  the  sessions  of  said  institutes. 
[Acts  of  29th  Leg.,  Chap.  124,  Sec.  126.] 

Note. — In  view  of  the  above  sections  the  State  Superintendent,  under  au- 
thority of  Section  25  of  this  pamphlet,  rcles  that  the  week  of  the  county 
institute  constitutes  a  portion  of  the  school  term  covered  by  the  teacher's 
contract.  The  teacher's  report  and  voucher  for  the  school  month  during 
which  institute  attendance  occurred  should  be  interlined  to  show  three 
weeks'  teaching  and  one  week's  attendance  at  institute.  A  teacher  who. 
prior  to  the  date  of  the  institute,  has  been  employed  to  teach  in  the  county, 
is  entitled  to  pay  for  attending  the  institute,  whether  the  school  has  begun 
or  not.  The  county  superintendent  must  keep  a  record  of  the  attendance  of 
each  teacher  upon  the  county  teachers'  institute  and  summer  normal  held 
in  his  county. 

A  teacher  must  attend  the  institute  of  the  county  in  which  his  school 
is  located,  unless  excused  from  attendance  by  the  county  superintendent 
and  the  State  Superintendent.  Subject  to  the  exception  stated  in  the  fol- 
lowing paragraph,  it  has  been  held  that  attendance  in  any  other  county 
than  the  one  in  which  he  is  to  teach  will  not  entitle  the  teacher  to  pay  for 
such  attendance. 

Where  there  are  fewer  than  24  teachers,  either  white  or  colored,  in  a 
county,  arrangement  for  such  teachers  to  attend  a  joint  institute  held  ia  a 


COUNTY  SUPERINTENDENT.  19 

convenient  county  will  be  accepted  as  a  substantial  compliance  with  the 
provisions  of  this  section.  In  such  cases  a  correct  record  of  the  attendance 
and  work  of  each  teacher  should  be  kept  and  reported  to  the  county  super- 
intendent of  the  county  in  which  the  teacher's  school  is  located. 

Copies  of  all  county  institute  programs  should  be  forwarded  to  the  State 
Department  of  Education. 

If  a  city  of  above  500  scholastics  elects  to  hold  institutes  for  its  teachers, 
separate  from  the  county  institute,  it  is  necessary  that  outline  of  the  work, 
giving  programs  in  detail,  be  submitted  to  the  State  Superintendent  for 
approval  before  the  work  is  done. 

The  record  of  the  attendance  and  qualitv  of  work  of  teachers  at  the  city 
institute  should  be  reported  to  the  school  board. 

SEC.  44.  Shall  Apportion  Funds  Among  School  Districts. — The 
county  superintendent,  or  county  judge,  who  is  ex  officio  county  su- 
perintendent, upon  receipt  of  the  certificate  issued  by  the  Board  of 
Education  for  the  State  fund  belonging  to  his  county,  shall,  [in  co- 
operation with  the  county  school  trustees]  apportion  the  same  to  the 
several  school  districts  (not  including  the  independent  school  dis- 
tricts of  the  county) ,  making  a  pro  rata  distribution  as  per  the  scholas- 
tic census,  and  shall  at  the  same  time  apportion  the  income  arising 
from  the  county  school  fund  to  all  the  school  districts,  including  the 
independent  school  districts  of  the  county,  making  a  pro  rata  distribu- 
tion as  per  scholastic  census.  Within  thirty  days  after  such  appor- 
tionment by  the  county  superintendent  of  education,  or  county  judge, 
who  is  ex  officio  county  superintendent  of  education,  the  trustees  of 
each  district  shall,  if  possible,  agree  upon  a  division  of  the  funds  of  the 
district  among  the  schools  thereof,  and  shall  fix  the  term  for  which  the 
schools  of  the  district  shall  be  maintained  for  the  year.  Should  they 
agree  upon  a  division  of  the  funds  of  the  district  or  upon  the  length  of 
the  term  for  which  the  schools  of  the  district  shall  be  maintained,  they 
shall  at  once  certify  their  agreement  to  the  county  superintendent,  or 
county  judge,  who  is  ex  officio  county  superintendent,  who  shall  not 
approve  any  contract  with  teachers  of  the  district  until  such  agree- 
ment is  received.  Should  the  trustees  fail  to  agree  upon  a  divi- 
sion of  the  funds  of  the  district  or  upon  the  length  of  the  term  for 
which  the  schools  of  the  district  shall  be  maintained,  they  shall  at  once 
certify  their  disagreement  to  the  county  superintendent,  or  the  county 
judge,  who  is  ex  officio  county  superintendent,  who  shall  proceed  to  fix 
the  school  term  of  such  school  district  and  declare  the  divi- 
sion of  the  school  fund  of  the  district  among  the  schools  thereof,  en- 
deavoring, as  far  as  practicable,  to  provide  for  the  schools  of  such  dis- 
trict school  terms  of  the  same  length.  [Sec.  94,  Chap.  124,  Acts  of  29th 
Leg.,  as  amended  by  Acts  of  30th  Leg.,  Chap.  106,  and  Acts  of  32nd 
Leg.,  Chap.  26.] 

Note. — Before  making  the  apportionment  the  county  superintendent  should 
deduct  the  amount  necessary  to  be  reserved  for  his  salary  and  his  fee  for 
making  consolidated  census  rolls  and  summaries  to  be  paid  from  the  school 
funds  of  the  county  as  a  whole. 

Note. — The  trustees  are  not  required  to  expend  the  funds  upon  the  differ- 
ent schools  of  the  district  in  proportion  to  the  number  of  pupils  assigned  to 
each  school  (Bell  v.  Kuykendall,  3  T.  C.  A.,  209;  22  S.  W.,  112);  but  they 
should  provide  school  terms  of  equal  length  for  all  schools  of  the  district. 
The  salaries  paid  the  teachers  will  determine  the  amount  of  funds  to  be  ex- 
pended on  each  school. 


20  SCHOOL  LAWS  OF  TEXAS. 

SEC.  45.  Shall  Approve  Contracts  and  Vouchers. — The  county  su- 
perintendent shall  approve  all  vouchers  legally  drawn  against  the 
school  fund  of  his  county.  He  shall  examine  all  contracts  between  the 
trustees  and  teachers  of  his  county,  and  if  in  his  judgment  such  con- 
tracts are  proper,  he  shall  approve  the  same ;  provided,  that  in  consid- 
ering any  contract  between  a  teacher  and  trustee  he  shall  be  authorized 
to  consider  the  amount  of  salary  promised  to  the  teacher.  lie  shall  dis- 
tribute all  school  blanks  and  books  to  the  officers  and  teachers  of  the 
public  schools,  and  shall  make  such  reports  to  the  State  Superintendent 
as  may  be  required  by  that  officer.  Immediately  after  qualifying  he 
shall  appoint  a  county  board  of  examiners,  consisting  of  two  resident 
white  teachers  holding  first  grade  certificates,  who  shall  serve  during 
the  pleasure  of  the  county  superintendent  of  public  instruction,  sub- 
ject to  the  provisions  hereafter  made.  He  shall  discharge  such  other 
duties  as  may  be  prescribed  by  the  State  Superintendent.  [Acts  of 
29th  Leg.,  Chap.  124,  Sec.  39,  as  amended  by  Acts  of  32nd  Leg.,  Chap. 
96.] 

Note. — The  county  superintendent  can  not  approve  a  contract  before  the 
apportionment  of  school  funds.  He  must  consider  the  compensation  to  be 
paid  the  teacher  and  the  time  for  which  the  school  is  to  be  taught.  The 
State  apportionment  of  the  school  funds  is  not  made  before  August  1,  and 
it  is,  therefore,  impossible  for  the  county  superintendent  to  consider  the 
terms  of  a  contract  with  respect  to  the  funds  of  the  district  prior  to  that 
date.  See  Sections  9,  55,  44,  136  and  137. 

A  contract  must  cover  the  entire  time  the  public  school  of  the  district  is 
to  be  taught  during  the  scholastic  year.  The  session  must  be  continuous. 

The  county  superintendent  has  no  authority  to  change  an  incipient  con- 
tract between  a  board  of  trustees  and  a  teacher;  he  must  either  approve  or 
disapprove  it.  (Caviel  v.  Coleman,  72  Texas,  550;  10  S.  W.,  679.) 

SEC.  46.  Authorized  to  administer  Oaths. — The  county  superin- 
tendents are  hereby  empowered  to  administer  oaths  necessary  in 
transacting  any  business  relating  to  school  affairs;  provided,  that 
they  shall  receive  no  compensation  for  administering  said  oaths. 
[Acts  of  29th  Leg.,  Chap.  124,  Sec.  41.] 

SEC.  47.  Salary. — The  county  superintendents  of  public  instruction 
herein  provided  for  shall  receive  from  the  available  school  fund  of 
their  respective  counties  annual  salaries,  as  follows :  In  every  county 
in  Texas  that  has  a  scholastic  population  of  two  thousand  or  less,  in 
which  the  office  of  county  superintendent  has  been  created  or  may  be 
created  after  this  act  shall  have  gone  into  effect,  the  county  school 
superintendent  shall  receive  an  annual  salary  of  nine  hundred  dollars ; 
in  every  county  in  the  State  of  Texas  that  has  a  scholastic  population 
of  not  less  than  two  thousand  nor  more  than  three  thousand,  the 
county  school  superintendent  shall  receive  an  annual  salary  of  eleven 
hundred  dollars;  in  every  county  that  has  a  scholastic  population  of 
not  less  than  three  thousand  nor  more  than  four  thousand,  the  county 
school  superintendent  shall  receive  an  annual  salary  of  thirteen  hun- 
dred dollars ;  in  every  county  that  has  a  scholastic  population  of  not 
less  than  four  thousand  nor  more  than  five  thousand,  the  county 
school  superintendent  shall  receive  an  annual  salary  of  fourteen 
hundred  dollars;  in  every  county  that  has  a  scholastic  popula- 
tion greater  than  five  thousand,  the  county  school  superin- 
tendent shall  receive  a  salary  of  fifteen  hundred  dollars;  pro- 


EX-OFFICIO  COUNTY  SUPERINTENDENT.  21 

vided,  that  the  county  superintendent  shall  be  allowed  any 
sum  not  to  exceed  one  hundred  dollars  per  year  for  stamps, 
stationery,  expressage  and  printing,  to  be  paid  by  the  com- 
missioners court  out  of  the  county  general  fund.  The  compensation 
herein  provided  for  shall  be  paid  quarterly  by  the  county  treasurer 
[depository]  on  the  order  of  the  commissioners  court;  provided, 
that  the  salary  for  the  quarter  ending  on  the  second  Monday  in  No- 
vember shall  not  be  .paid  until  the  county  superintendent  presents 
a  receipt  from  the  State  Superintendent  of  Public  Instruction  show- 
ing that  he  has  made  all  reports  required  of  him.  [Sec.  40,  Chap. 
124,  Acts  of  29th  Leg.,  as  amended  by  Acts  of  30th  Leg.,  Chap.  106.] 

Note. — The  salary  of  the  county  superintendent  is  based  on  the  scholastic 
population  of  the  entire  county,  including  independent  school  districts. 

The  available  school  fund  of  the  county  consists  of  the  receipts  from  the 
investment  of  the  county  permanent  school  fund  and  the  State  apportion- 
ment paid  to  the  county,  and  out  of  the  funds  so  received  the  county  super- 
intendent's salary  should  be  paid.  To  illustrate,  if  the  receipts  from  the  in- 
vestment of  the  county  permanent  fund  should  be  $100  and  the  State  ap- 
portionment to  the  county  $1900,  one-twentieth  of  the  county  superintendent's 
salary  should  be  deducted  from  the  receipts  derived  from  the  county  perma- 
nent fund  before  such  receipts  are  apportioned  to  the  common  school  dis- 
tricts and  the  independent  school  districts  of  the  county,  and  nineteen- 
twentieths  of  his  salary  deducted  from  the  funds  received  by  the  county 
from  the  State  before  their  apportionment  to  the  common  school  districts  of 
the  county. 

EX   OFFICIO    COUNTY    SUPERINTENDENT. 

SEC.  48.  County  Judge  Shall  Be,  When. — In  each  county  in  this 
State  having  no  school  superintendent,  the  county  judge  shall  be  ex 
officio  county  superintendent  of  public  instruction,  and  shall  per- 
form all  the  duties  required  by  the  county  superintendent  in  this 
chapter.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  42.] 

SEC.  49.  Shall  Give  Bond. — The  county  judge  shall  give  a  bond 
in  the  sum  of  one  thousand  dollars,  to  be  approved  by  the  county 
commissioners  court,  and  filed  with  the  county  clerk,  said  bond  [to 
be]  made  payable  to  the  commissioners'  court  and  their  successors 
in  office,  and  conditioned  for  the  faithful  performance  of  his  duties. 
He  shall  also  take  the  oath  of  office  prescribed  by  the  Constitution. 
[Acts  of  the  29th  Leg.,  Chap.  124,  Sec.  43.] 

SEC.  50.  Compensation. — In  counties  where  a  county  judge  acts 
as  superintendent  of  public  instruction,  he  shall  receive  for  his 
services  as  superintendent  such  salary  as  may  be  provided  by  the 
commissioners'  court,  not  to  exceed  the  sum  of  six  hundred  dollars 
per  annum.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  44.] 

Note. — Whenever  it  becomes  the  duty  of  the  commissioners  court  to  ap- 
point a  county  school  superintendent,  said  court  has  authority  to  revoke 
entirely  the  ex  officio  salary  allowed  the  county  judge  for  looking  after  the 
schools.  (Coll  ings  worth  v.  Myers,  35  S.  W.,  414.) 

SEC.  51.  Shall  'Take  Constitutional  Oath. — County  superintend- 
ents, county  judges,  and  all  school  officers  shall  take  the  oath  pre- 
scribed by  the  Constitution  to  faithfully  and  impartially  discharge 
the  duties  of  their  respective  offices.  [Acts  of  29th  Leg.,  Chap.  124, 
Sec.  45.] 


22  SCHOOL  LAWS  OF  TEXAS. 

TREASURERS  OF  SCHOOL,  FUNDS. 

SEC.  52.  Funds  Must  Be  Kept  in  Depositories. — *  *  *  All  in- 
corporated districts  having  each  fewer  than  150  scholastics  accord- 
ing to  the  latest  census  shall  be  governed  in  the  administration  of 
their  schools  by  the  laws  which  apply  to  common  school  districts 
and  all  funds  of  such  districts  shall  be  kept  in  the  county  treasury 
and  paid  out  on  order  of  the  trustees  approved  by  the  county  su- 
perintendent ;  provided,  that  the  terms  county  treasurer  and  county 
treasury  as  used  in  all  provisions  of  law  relating  to  school  funds 
shall  hereafter  be  construed  to  mean  the  county  depository,  and 
in  incorporated  districts  of  more  than  150  scholastics,  whether  they 
be  cities  which  have  assumed  control  of  the  schools  within  their 
limits  or  corporations  for  school  purposes  only,  the  treasurer  of  the 
school  fund  shall  be  that  person  or  corporation  who  offers  satisfac- 
tory bond  as  provided  by  law  and  the  best  bid  of  interest  on  the 
average  daily  balances  for  the  privilege  of  acting  as  such  treasurer, 
and  the  State  Department  of  Education  shall  be  notified  of  the 
treasurers  of  the  school  funds  in  the  respective  counties  and  inde- 
pendent districts  by  the  commissioners'  courts  and  presidents  of 
school  boards  filing  in  said  department  copies  of  the  bonds  of  said 
depositories  to  cover  school  funds;  provided,  that  no  commission 
shall  hereafter  be  paid  for  receiving  and  disbursing  school  funds. 
(Acts  of  29th  Leg.,  Chap.  124,  Sec.  154a,  added  by  Acts  of  31st  Leg., 
Chap.  12.) 

Note. — Held  constitutional  and  valid  Charlton  v.  Cousins,  Texas  Supreme 
Court,  June,  1910. 

This  provision  does  not  destroy  the  autonomy  of  the  small  independent 
districts  with  respect  to  number  of  members  of  their  school  boards  and 
manner  of  taxation. 

Certified  copy  of  a  proper  bond,  covering  school  funds,  must  be  filed  in 
the  State  Department  of  Education  before  payment  of  any  State  school  funds 
can  be  made. 

For  law  covering  the  selection  of  the  county  depository  of  school  funds, 
see  Section  20  et  seq.,  Chapter  164,  Acts  of  29tU  Legislature. 

County  depository  must  provide  for  payment  of  warrants  at  county  seat. 
Sections  27  and  28,  Chapter  164,  Acts  of  29th  Legislature. 

See  Section  24,  Chapter  164,  Acts  of  the  29th  Legislature  with  reference 
to  county  treasurer's  liability  for  failure  to  turn  over  funds  to  the  county 
depository. 

A  bank  in  which  a  member  of  the  school  board  is  interested  may  become 
depository  of  school  funds. 

SEC.  53.  Bond. — Within  twenty  days  after  the  receipt  of  a  cer- 
tificate of  his  election,  it  shall  be  the  duty  of  the  county  treasurer 
[depository]  to  execute  a  bond,  with  two  or  more  good  and  sufficient 
sureties,  payable  to  the  county  judge  and  his  successors  in  office, 
for  the  faithful  performance  of  his  duties  under  this  chapter;  said 
bond  shall  be  an  amount  equal  to  the  probable  amount  of  available 
school  fund  and  of  the  permanent  county  fund  which  may  come 
into  his  hands,  to  be  estimated  by  the  county  superintendent  or 
county  commissioners  court  in  counties  having  no  superintendent, 
and  shall  be  made  payable  and  conditioned  as  prescribed  by  the 
general  law.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  31.] 


TREASURER  OF  SCHOOL  FUNDS.  23 

Note.— The  bond  of  the  county  depository,  in  regard  to  the  available  school 
funds,  should  be  conditioned  that  the  depository  will  ,upon  presentation,  pay 
all  warrants  drawn  by  the  school  trustees  of  a  district,  when  approved  by 
the  county  superintendent,  whenever  any  school  funds  shall  be  in  said  de- 
pository applicable  to  the  payment  of  said  warrants,  and  that  the  depository 
will  faithfully  account  for  all  school  funds  to  the  State  Superintendent  of 
Public  Instruction  according  to  law. 

Concerning  the  bond  of  the  treasurer  of  an  independent  district  of  more 
than  150  scholastics,  see  Section  202. 

SEC.  54.  New  Bond  May  Be  Required. — If  the  commissioners 
court  shall  at  any  time  deem  it  necessary  for  the  protection  Trf-the 
county  it  may  require  any  [county]  depository  to  execute  a  new 
bond,  and  if  said  new  bond  be  not  filed  within  five  days  from  the 
time  of  the  service  of  a  copy  of  said  order  upon  said  depository,  the 
commissioners'  court  may  proceed  to  the  selection  of  another  depos- 
itory in  the  manner  provided  for  the  selection  of  a  depository  at 
the  regular  time  for  such  election.  [Acts  of  29th  Leg.,  Chap.  164, 
Sec.  31.] 

SEC.  55.  Depository  Shall  Keep  Accounts. — The  county  treasurer 
[depository],  upon  receiving  notice  from  the  State  Superintendent 
of  the  amount  apportioned  to  the  county,  shall  report  the  same  to 
the  county  superintendent,  who  shall  immediately  apportion  the 
same  to  the  several  districts,  according  to  the  scholastic  census,  and 
the  county  superintendent  shall  immediately  notify  the  county 
treasurer  [depository]  of  the  amount  apportioned  to  each  district. 
It  shall  also  be  the  duty  of  the  county  treasurer  [depository]  to 
keep  a  separate  account  with  each  district,  showing  the  amount  ap- 
portioned according  to  the  certificate  of  apportionment,  and  the 
amount  paid  out  to  each  school  and  district;  provided,  in  no  case 
shall  the  county  treasurer  [depository]  pay  out  any  part  of  the 
school  fund  without  the  approval  of  the  county  superintendent. 
[Acts  of  29th  Leg.,  Chap.  124,  Sec.  34.] 

Note. — See  Section  44. 

SEC.  56.  Balances. — All  balances  of  the  general  [school]  fund 
not  appropriated  for  the  current  year  shall  be  carried  over  by  the 
treasurer  as  a  part  of  the  general  [school]  fund  for  the  county  for 
the  succeeding  year,  and  unexpended  balances  to  the  credit  of  any 
district  shall  be  carried  over  for  the  benefit  of  such  school  district; 
provided,  that  if  any  such  balance  shall  exceed  five  dollars  per  cap- 
ita, according  to  the  last  scholastic  census,  then  such  excess  over 
five  dollars  per  capita  shall  be  re-apportioned  to  the  school  districts 
of  the  county.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  35.] 

SEC.  57.  Purposes  For  Which  the  Funds  May  Be  Expended. — 
The  public  school  funds  hereafter  shall  not  be  expended  except  for 
the  following  purposes1: 

(a)  The  State  and  county  available  school  funds  shall  be  used 
exclusively  for  the  payment  of  teachers'  and  superintendents'  sal- 
aries and  fees  for  taking  scholastic  census.     *     *     * 

(b)  Local    school  funds  from  district  taxes,  tuition  fees  of  pu- 
pils not  entitled  to  free  tuition  and  other  local  sources  may  be  used 
for  the  purposes  enumerated  for  State  and  county  funds  and  for 


24  SCHOOL  LAWS  OF  TEXAS. 

purchasing  appliances  and  supplies,  for  the  payment  of  insurance 
premiums,  janitors  and  other  employes,  for  buying  school  sites, 
buying,  building  and  repairing  and  renting  school  houses,  and  for 
other  purposes  necessary  in  the  conduct  of  the  public  schools  to  be 
determined  by  the  board  of  trustees,  the  accounts  and  vouchers  for 
county  districts  and  communities,  to  be  approved  by  the  county  su- 
perintendent; provided,  that  when  the  State  available  school  fund 
in  any  city  or  county  [district]  is  sufficient  to  maintain  the  schools 
thereof  in  any  year  for  at  least  eight  months,  and  leave  a  surplus, 
such  surplus  may  be  expended  for  the  purposes  mentioned  herein. 
[Acts  of  29th  Leg.,  Chap.  124^  Sec.  83.] 

Note. — Money  to  the  credit  of  the  sinking  fund,  where  a  district  has  issued 
bonds,  can  not  be  used  for  other  purposes.  McGee  v.  Franklin  Pub.  Co.,  15 
Texas  Civil  Appeals  Reports,  216. 

Local  funds  which  are  necessary  for  the  payment  of  the  contracts  made 
with  the  teachers  can  not  be  used  for  the  purposes  mentioned  above.  Officers 
wrongfully  paying  out  funds  to  which  a  party  is  entitled  by  prior  contract 
are  responsible  personally  for  the  amount  thus  misappropriated.  See  Wil- 
son v.  Kite,  54  S.  W.,  726,  and  Stephenson  v.  Union  Seating  Co.,  62  S.  W.,  128. 

SEC.  58.  Treasurers  Shall  Make  Reports. — All  treasurers  receiv- 
ing or  having  control  of  any  school  funds,  shall  keep  a  full  and 
separate  itemized  account  with  each  of  the  different  classes  of 
school  funds  coming  into  his  hands,  and  shall,  on  or  before  the  first 
day  of  October  of  each  year,  file  with  the  State  Superintendent  of 
Public  Instruction  an  itemized  report  in  duplicate  of  the  receipts 
and  disbursements  of  the  school  funds  for  the  preceding  school  year 
ending  August  31st,  which  report  and  duplicate  shall  be  on  the  pre- 
scribed form  furnished  by  the  Department  of  Education,  and  the 
duplicate  report,  after  examination  by  the  State  Superintendent, 
shall  be  returned  to  the  commissioners'  court  of  the  proper  county 
for  approval,  and  shall  be  accompanied  by  such  objections  or  rec- 
ommendations as  the  State  Superintendent  may  make  in  regard  to 
the  same.  The  State  Superintendent,  in  examining  any  report,  may 
call  for  the  vouchers  and  make  such  investigation  of  the  correctness 
and  legality  of  the  different  items  as  he  may  deem  necessary,  and 
when  the  duplicate  is  sent  to  the  commissioners'  court  all  vouchers 
shall  be  presented  to  the  court,  and  the  present  law  in  regard  to 
treasurers'  reports,  except  as  hereinbefore  modified,  is  hereby  con- 
tinued. [Acts  of  29th  Leg.,  Chap.  124,  Sec.  49.] 

Note. — All  school  funds  may  be  classed  as  follows:  (a)  State  and 
county  funds  derived  from  the  State  per  capita  apportionment  and  from  the 
income  on  the  county  permanent  fund;  (b)  local  funds,  derived  from 
maintenance  taxes,  tuition  fees,  donations  or  other  local  sources;  (c) 
building  funds,  derived  from  the  sale  of  bonds;  (d)  sinking  funds,  de- 
rived by  taxation  for  the  payment  of  interest  and  the  redemption  of  bonds 
of  a  district. 

Note.— Article  300  of  the  Revised  Statutes,  and  the  case  of  Terrell  v. 
Greene,  88  Texas  Reports,  539  (31  S.  W.,  631),  make  it  the  duty  of  the  county 
or  district  attorney  to  institute  proceedings  against  any  treasurer  of  the 
school  funds  for  neglecting  to  discharge  his  duties  under  the  law. 


CENSUS.  25 

SCHOLASTIC  CENSUS. 

SEC.  59.  Who  Shall  Be  Enumerated. — In  taking  the  scholastic 
census  every  child  that  will  be  of  scholastic  age  at  the  beginning  of 
the  next  school  year  shall  be  enrolled  and  enumerated  in  the  district 
in  which  it  resides  at  the  time  of  its  enumeration.  [Acts  of  29th 
Leg.,  Chap.  124,  Sec.  90.] 

SEC.  60.  Manner  of  Taking  Census. — The  county  superintendent 
of  public  instruction  shall,  on  the  first  day  of  January  of  each  year, 
or  as  soon  as  practicable  thereafter,  appoint  one  of  the  trustees  of 
each  school  district,  or  some  other  qualified  person,  to  take  said  cen- 
sus, who  shall  be  known  as  the  census  trustee  of  the  district.  It 
shall  be  the  duty  of  the  census  trustee  to  take  between  the  first  day 
of  May  and  the  first  day  of  June  after  his  appointment,  a  census 
of  all  the  children  that  will  be  over  seven  and  under  seventeen  years 
of  age  on  the  first  day  of  the  following  September,  and  who  are 
residents  of  the  school  district  on  said  first  day  of  May,  and  to 
make  report  under  oath  to  the  county  superintendent  on  or  before  the 
first  day  of  June  next  thereafter.  In  taking  the  said  census  he 
shall  visit  each  home,  residence,  habitation  and  place  of  abode,  and 
shall,  by  actual  osbervation  and  interrogation,  enumerate  the  chil- 
dren thereof  in  the  following  manner:  He  shall  use  for  each  par- 
ent, guardian  or  person  having  control  of  any  such  children  a  pre- 
scribed form  showing  the  name,  color  and  nationality  of  the  person 
rendering  such  children,  the  name  and  number  of  the  school  dis- 
trict in  which  the  children  reside,  and  the  name,  sex  and  date  of 
birth  of  each  child  of  which  he  is  the  parent  or  guardian,  or  of  which 
he  has  control,  and  which  child  will  be  over  seven  and  under  seven- 
teen years  of  age  on  the  first  day  of  September  next  following.  The 
census  trustee  shall  require  such  form  to  be  subscribed  and  sworn 
to  by  the  person  rendering  the  children,  and  he  is  hereby  authorized 
to  administer  oaths  for  this  purpose. 

When  the  census  trustee  visits  any  home  or  house  or  place  of 
abode  of  a  family  and  fails  to  find  either  the  parent  or  any  person 
having  legal  control,  it  shall  be  the  duty  of  the  census  trustee  to 
leave  the  prescribed  census  blanks  for  the  use  of  parents  at  such 
home  or  place  of  abode,  with  a  note  to  the  parent  or  guardian  hav- 
ing legal  control  of  child  or  children,  requiring  that  the  form  be 
filled  out,  sworn  and  subscribed  to  before  the  census  tmstee,  or  any 
officer  authorized  to  administer  oaths,  and  that  the  blanks,  when  so 
filled  out,  shall  be  delivered  by  the  parent  or  person  having  legal 
control  of  the  child  or  children  to  the  census  trustee. 

Note. — In  the  family  form  provided  for  enumeration  in  the  census  the 
parent  swears  to  the  date  of  a  child's  birth.  The  census  trustee  inserts  the 
age  of  the  child. 

Children  whose  seventh  birthday  anniversary  falls  on  September  1  are 
over  seven  years  of  age  on  that  day  and  must  be  enumerated  in  the  census; 
children  whose  seventeenth  birthday  anniversary  falls  on  September  1  are 
not  under  seventeen  on  that  day  and  must  not  be  enumerated  in  the  census. 
See  Ross  v.  Morrow,  85  Texas,  172;  19  S.  W.,  1090. 

(a)  Every  person  having  control  of  any  child  which  will  be  over 
seven  and  under  seventeen  years  of  age  on  the  first  day  of  Septem- 


26  SCHOOL  LAWS  OF  TEXAS. 

her  next  thereafter,  and  who  being  requested  by  the  census  trustee 
to  prepare  said  form  giving  the  information  required,  or  to  give  the 
information  necessary  to  enable  the  trustee  to  prepare  the  same, 
shall  refuse  to  do  so,  or  shall  refuse  to  make  oath  to  said  form  when 
filled  according  to  his  statement  of  facts  in  regard  to  said  children, 
or  shall  fail  to  return  the  form  left  at  his  home  in  his  absence,  as 
above  required,  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  be  fined  not  less  than  five  nor  more  than  ten  dollars.  And 
it  shall  be  the  duty  of  the  census  trustee  at  once  to  file  with  some 
justice  of  the  peace  of  competent  jurisdiction  complaint  against  such 
person.  Only  children  of  the  same  family  shall  be  listed  on  one 
form,  and  if  one  person  has  under  his  control  children  of  different 
family  name,  he  should  use  a  separate  form  for  each  family  name. 

(b)  The  census  trustee  shall  arrange  the  forms  for  white  and 
colored  children  separately  in  alphabetical  order,  according  to  the 
family  name  of  the  children  reported  thereon.     He  shall  also  make 
on  a  prescribed  form,  separate  census  rolls  for  the  white  and  colored 
children  of  his  district,  showing  the  name,  age,  sex  and  color  of  each 
child,  and  the  name  of  the  parent,  guardian  or  person  having  con- 
trol of  said  children  by  whom  it  is  reported.     He  shall  also  make  a 
summary  of  his  rolls  showing  the  number  of  children  of  each  race 
that  will  be  of  the  different  ages  over  seven  and  under  seventeen  on 
the   first   day  of  next  September,   which  shall   continue  to   be  the 
scholastic  age,  as  is  now  provided  by  law.     He  shall  make  oath  to 
his  rolls  and  summaries,  and  to  the  faithful  and  accurate  discharge 
of  his  duties,  deliver  the  rolls,  together  with  the  forms  arranged  in 
alphabetical  order,  to  the  county  superintendent  on  or  before  June 
1st  next  after  his  appointment. 

(c)  Any  census  trustee  who  shall  wilfully  fail  or  refuse  to  obtain 
the  necessary  information  in  regard  to  any  child  which  will  be  over 
seven  and  under  seventeen  years  of  age  on  the  first  day  of  Septem- 
ber next  thereafter,  or  who  shall  wilfully  fail  or  refuse  to  include 
any  child  within  said  ages  in  his  rolls,  or  shall  willfully  make  any 
false  report,  roll  or  summary,  shall  be  guilty  of  false  swearing,  and 
shall  be  punished  as  prescribed  by  law  for  that  offense.    And  if  the 
county  superintendent  finds  or  believes  that  any  census  trustee  has 
violated   any   duty   required  under  this   act,   such   county   superin- 
tendent shall  report  said  census  trustee  to  the  grand  jury  of  the 
county  at  its  next  session  after  discovering  such  breach  of  duty. 

(d)  The  rolls  and  summaries  of  the  census  trustee  shall  be  pre- 
served by  the  county  superintendent  in  his  office  for  three  years 
after  they  are  filed.     The  county  superintendent  shall  make  on  pre- 
scribed forms  separate  consolidated  rolls  for  the  white  and  colored 
children  of  his  county,  showing  the  name,  age  and  sex  of  each,  to- 
gether with  the  number  of  the  district  in  which  it  lives,  and  the 
name  of  the  parent  or  guardian,  arranging  the  names  of  the  children 
according  to  the  alphabetical  order  of  their  family  names.     In  mak- 
ing these  consolidated  rolls,  he  shall  scrutinize  carefully  the  work  of 
the  census  trustees,  and  shall  have  the  power  to  summon  witnesses, 
take  affidavits  and  correct  any  errors  he  may  find  in   any  census 
trustee's  roll,  and  he  shall  carefully  exclude  all  duplicates.     If  he 
deems  it  necessary,  he  may  reject  any  roll,  and  appoint  another  cen- 


CENSUS.  27 

sus  trustee  to  take  the  census  of  the  district,  in  which  case  he  shall 
not  approve  the  warrant  to  pay  the  census  trustee  whose  work  has 
been  rejected,  for  his  services.  When  the  county  superintendent 
has  prepared  his  consolidated  census  roll,  one  for  each  race,  he 
shall  make  a  duplicate  of  each,  and  he  shall  make  affidavit  to  the 
correctness  of  both  originals  and  duplicates.  The  originals  he  shall, 
on  or  before  July  1st,  forward  to  the  State  Superintendent  of  Pub- 
lic Instruction  at  Austin,  and  the  duplicates  shall  be  filed  with  the 
county  clerk  and  become  permanent  records  of  his  office.  The  county 
superintendent  shall  forward  with  his  consolidated  rolls  an  abstrairfc 
on  the  prescribed  form,  under  oath,  showing  the  number  of  children 
of  each  race,  of  the  different  years  of  the  school  age,  and  the  total 
number  of  children  of  each  race  and  the  total  of  both  races  in  his 
county.  In  making  his  consolidated  rolls,  and  in  investigating  the 
work  of  any  census  trustee,  the  county  superintendent  shall  refer 
to  the  forms  and  rolls  of  previous  years,  when  necessary,  and  they 
shall  be  carefully  preserved  for  this  purpose. 

(e)  The   State   Superintendent  shall  have   authority  to  investi- 
gate the  census  of  any  county,  to  correct  errors,   and  in  extreme 
cases  when  he  believes  gross  errors  have  occurred,  or  that  fraud  has 
been  practiced,  he  may,  with  the  approval  of  the  State  Board  of 
Education,  reject  any  county's  roll  and  require  the  census  of  the 
county  to  be  retaken. 

(f)  For    their    services    the    census    trustees    shall    receive  four 
cents  per  capita  of  the  children  of  scholastic  age  taken  by  them  in 
county  districts  and  three  cents  per  capita  in  towns  of  2500  inhab- 
itants and  upwards  to  5000  inhabitants,  and  two  cents  per  capita  in 
cities  of  more  than  5000  inhabitants,  and  the  county  superintend- 
ent shall  receive  one  cent  per  capita  of  the  scholastic  population  re- 
ported by  him,  but  these  amounts  shall  not  be  paid  until  the  census 
of  the  county  is  accepted  by  the  State  Superintendent,  and  shall  be 
forfeited  as  follows:     The  trustee's  compensation,  if  his  work  is  re- 
jected by  the  county  superintendent,  and  the  census  of  his  district 
ordered    retaken,    and    both    the    county    superintendent's  and  the 
trustee's  compensation,  if  the  census  of  the  county  is  rejected  and 
ordered  by  the  State  Superintendent  and  the  State  Board  of  Edu- 
cation to  be  retaken. 

(g)  The  provisions  of  this  act  shall  apply  to  the  taking  of  the 
scholastic  census  in  cities  and  towns  constituting  independent  dis- 
tricts, except  as  specially  provided  herein  below,  to  wit:     The  cen- 
sus trustee  shall  be  appointed  by  the  president  of  the  board  of  trus- 
tees, and  a  census  trustee  may  be  appointed  for  each  ward  or  school 
subdistrict,   at  the  discretion  of  the  president  of  the  school  board 
making  such  appointment.     The  forms  for  the  parent  and  the  rolls 
shall  show  the  street  and  house  number,  or  location  of  the  house  or 
plac  in  which  each  child  resides.      [Acts  of  29th  Leg.,  Chap.  124, 
Sec.  89.1 

Note. — Census  trustees  in  independent  districts  must  make  their  reports 
to  the  county  superintendent.  The  children  in  the  independent  districts  of 
fewer  than  150  scholastics  are  to  be  included  in  the  consolidated  alphabetic 
roll  and  summary  for  the  county,  made  by  the  county  superintendent.  For 
each  independent  district  having  more  than  150  scholastics  the  county  su- 


28  SCHOOL  LAWS  OF  TEXAS. 

perintendent  must  make  a  separate  consolidated  roll  and  summary  and  for- 
ward the  same  to  the  State  Superintendent.  These  rolls  and  summaries 
must  be  sworn  to  by  the  county  superintendent.  The  affidavit  of  the  census 
trustee  is  not  sufficient. 

TRANSFERS. 

SEC.  61.  Authority  of  County  Superintendent. — Each  year  after 
the  scholastic  census  of  the  county  is  completed,  the  county  superin- 
tendent shall,  if  any  district  has  less  than  twenty  pupils  of  scholastic 
age,  either  white  or  colored,  have  authority  to  consolidate  said  dis- 
trict as  to  said  white  or  colored  schools  with  other  adjoining  dis- 
tricts, and  to  designate  the  board  of  trustees  which  shall  control  the 
white  or  colored  school  of  such  consolidated  district.  But  this  shall 
be  done  before  the  apportionment  is  made,  and  the  apportionment 
shall  be  made  with  respect  to  such  consolidation.  *  *  *  [Acts  of 
29th  Leg.,  "Chap.  124,  Sec.  54.] 

SEC.  62.  Application  of  Parent  or  Guardian. — Any  child  law- 
fully enrolled  in  any  district  or  independent  district  may  be  trans- 
ferred to  the  enrollment  of  any  other  district  or  independent  district 
in  the  same  county,  upon  the  written  application  of  the  parent  or 
guardian  or  person  having  the  lawful  control  of  such  child,  filed 
with  the  county  superintendent  at  any  time  before  the  apportion- 
ment of  the  school  fund  by  the  county  superintendent  or  county 
judge  of  any  scholastic  year,  but  not  afterwards;  and  no  child  shall 
be  transferred  more  than  once;  provided,  the  party  making  applica- 
tion for  transfer  shall  state  in  said  application  that  it  is  the  bona 
iide  intention  of  applicant  to  send  child  to  the  school  to  which  trans- 
fer is  asked.  Upon  the  transfer  of  any  child  its  portion  of  the 
school  fund  shall  follow  and  be  paid  over  to  the  district  or  inde- 
pendent district  to  which  such  child  is  transferred;  provided,  no 
transfers  shall  be  made  after  August  1st  after  the  enrollment  was 
made.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  91.] 

Note. — The  county  superintendent  should  exercise  discretion  in  the  mat- 
ter of  making  or  declining  to  make  the  transfer  of  each  child  from  one  dis- 
trict to  another.  The  transfer  on  the  books  of  the  county  superintendent 
must  be  made  on  or  before  August  1.  It  is  not  sufficient  that  the  applica- 
tion merely  shall  have  been  filed  by  that  date. 

When  the  county  superintendent  transfers  a  child  from  an  independent 
district  of  the  county  he  should  promptly  notify  the  board  of  trustees  of  the 
district  from  which  the  transfer  is  made,  whose  duty  it  will  then  become  to 
pay  to  the  treasurer  of  the  district  to  which  the  transfer  is  made  the  child's 
per  capita  apportionment. 

No  part  of  the  money  derived  from  the  local  tax  of  a  district  is  trans- 
ferred. A  child  of  a  non-resident  transferred  to  a  district  which  levies  a 
local  tax,  is  entitled  to  free  tuition  for  so  long  a  time  each  year  as  the  State 
and  county  funds  maintain  the  schools  of  the  district;  after  the  expiration 
of  wkich  time  a  reasonable  rate  of  tuition  should  be  charged. 

SEC.  63.  To  District  in  Adjoining  County. — Any  chid  specified 
in  the  preceding  section,  and  its  portion  of  the  school  fund,  may  be 
transferred  to  an  adjacent  district  in  another  county  in  the  same 
manner  as  is  provided  in  said  section  for  the  transfer  of  such  child 
or  children  from  one  district  to  another  in  the  same  county;  pro- 
vided, that  it  must  be  shown  to  the  county  superintendent  that  the 
school  in  the  district  in  which  such  child  or  children  resides  on  ac- 


ATTENDANCE.  29 

•count  of  distance  or  some  uncontrollable  and  dangerous  obstacle  is 
inacessible  to  such  child  or  children.  [Acts  of  29th  Leg.,  Chap.  124, 
Sec.  91a,  added  by  30th  Leg.,  Chap.  130.] 

SEC.  64.  By  Agreement  of  Trustees. — Except  as  herein  provided, 
no  part  of  the  school  fund  apportioned  to  any  district  or  county 
shall  be  transferred  to  any  other  district  or  county;  provided,  that 
districts  lying  in  two  or  more  counties,  and  situated  on  the  county 
line,  may  be  consolidated  for  the  support  of  one  or  more  schools  in 
such  consolidated  district,  and  in  such  case  the  school  funds  shall 
be  transferred  to  the  county  in  which  the  principal  school  buTTd^ 
ing  for  such  consolidated  district  is  located;  and  provided  further, 
that  all  the  children  residing  in  a  school  district  may  be  transferred 
to  another  district,  or  to  an  independent  district,  upon  such  terms 
•as  may  be  agreed  upon  by  the  trustees  of  said  districts  interested. 
[Acts  of  29th  Leg.,  Chap.  124,  Sec.  92.] 

Note. — In  case  of  consolidation  under  the  provisions  of  this  section,  the 
agreement  between  the  trustees  of  the  respective  districts  should  be  in  writ- 
ing and  filed  in  the  office  of  the  county  superintendent. 

ATTENDANCE. 

SEC.  65.  School  Shall  Not  Be  Sectarian. — No  part  of  the  public 
school  fund  shall  be  appropriated  to  or  used  for  the  support  of  any 
sectarian  school.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  130.] 

Note. — See  Article  7,  Section  5,  Constitution  of  Texas. 

SEC.  66.  Provision  to  Be  Made  for  Both  Races. — All  available 
public  school  funds  if  this  State  shall  be  appropriated  in  each  county 
for  the  education  alike  of  white  and  colored  children,  and  impartial 
provisions  shall  be  made  for  both  races.  [Acts  of  29th  Leg.,  Chap. 
124,  Sec.  95.] 

Note.— See  Article  7,  Section  7,  Constitution  of  Texas. 

SEC.  67.  Who  Are  " Colored. "— The  terms  "colored  race"  and 
"colored  children/'  as  used  in  the  preceding  articles,  and  elsewhere  in 
this  title,  include  all  persons  of  mixed  blood  descended  from  negro 
ancestry.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  96.] 

Note. — See  Section  123  in  regard  to  schoolhouses. 

SEC.  68.  Where  Children  May  Attend  School— Every  child  in 
this  State  of  scholastic  age  shall  be  permitted  to  attend  the  public 
free  schools  of  the  district  or  independent  district  in  which  it  resides 
at  the  time  it  applies  for  admission,  notwithstanding  that  it  may  have 
been  enumerated  elsewhere,  or  may  have  attended  school  elsewhere 
part  of  the  year;  provided,  Jhat  white  children  shall  not  attend  the 
schools  supported  for  colored  children,  nor  shall  colored  children  at- 
tend the  schools  supported  for  white  children.  [Acts  of  29th  Leg., 
Chap.  124,  Sec.  128.] 

Note.— See  Sections  61  and  70. 

The  right  of  attendance  in  the  district  of  the  child's  residence  may  be 
forfeited  by  transfer.  See  Sections  61-64. 


30  SCHOOL  LAWS  OF  TEXAS. 

SEC.  69.  Scholastic  Age. — All  children,  without  regard  to  color, 
over  seven  years  of  age,  and  under  seventeen  years  of  age  at  the  be- 
ginning of  any  scholastic  year,  shall  be  entitled  to  the  benefit  of  the 
public  school  fund  for  that  year.  [Acts  of  29th  Leg.,  Chap.  124,  Sec. 
129.] 

Note. — See  Section  60,  note 

SEC.  70.  Scholastic  Year. — The  scholastic  year  shall  commence 
on  the  first  day  of  September  of  each  year  and  end  on  the  thirty- 
first  day  of  August  thereafter.  [Acts  of  29th  Leg.,  ,Chap.  124,  Sec. 
97.] 

SEC.  71.  Admission  of  Overs  and  Unders;  Suspension  of  Pupils. — 
The  trustees  of  schools  shall  have  the  power  to  admit  pupils  over  and 
under  scholastic  age,  either  in  or  out  of  the  district,  on  such  terms  as 
they  may  deem  proper  and  just;  provided,  that  in  admitting  pupils 
over  and  under  the  scholastic  age,  the  school  shall  not  be  overcrowded 
to  the  neglect  and  injury  of  pupils  within  the  scholastic  age ;  and  they 
may  suspend  from  the  privileges  of  schools  any  pupil  found  guilty  of 
incorrigible  conduct,  but  such  suspension  shall  not  extend  beyond  the 
current  term  of  the  school.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  75.] 

Note. — The  teacher  can  suspend  a  pupil  only  until  the  board  of  trustees 
can  be  called  together  for  action  in  the  case.  The  Supreme  Court  of  Wis- 
consin, in  the  case  of  State  v.  Burton,  54  Wis.,  150,  emphasizes  the  following 
rule: 

"The  teacher  is  responsible  for  the  discipline  of  his  school  and  for  the 
progress,  conduct,  and  deportment  of  his  pupils.  It  is  his  imperative  duty  to 
maintain  good  order  and  to  require  of  his  pupils  a  faithful  performance  of 
their  duties.  If  he  fails  to  do  so,  he  is  unfit  for  his  position.  To  enable 
him  to  discharge  these  duties  effectually,  he  must  necessarily  have  the 
power  to  enforce  prompt  obedience  to  his  lawful  commands.  For  this  rea- 
son the  law  gives  him  the  power  in  proper  cases,  to  inflict  corporal  punish- 
ment upon  refractory  pupils.  But  there  are  cases  of  misconduct  for  which 
such  punishment  is  an  inadequate  remedy.  If  the  offender  is  incorrigible, 
suspension  or  expulsion  is  the  only  adequate  remedy.  In  general,  no  doubt, 
the  teacher  should  report  a  case  of  that  kind  to  the  proper  board  for  its  ac- 
tion in  the  first  instance,  if  no  delay  will  necessarily  result  from  that  course 
prejudicial  to  the  best  interests  of  the  school.  But  the  conduct  of  the  re- 
cusant pupil  may  be  such  that  his  presence  in  the  school  for  a  day  or  an 
hour  may  be  disastrous  to  the  discipline  of  the  school  and  even  to  the  mor- 
als of  the  other  pupils.  In  such  a  case  it  seems  absolutely  essential  to  the 
welfare  of  the  school  that  the  teacher  should  have  the  power  to  suspend  the 
offender  at  once  from  the  privileges  of  the  school;  and  he  must  necessarily 
decide  for  himself  whether  the  case  requires  that  remedy.  If  he  suspends 
the  pupil,  he  should  promptly  report  his  action  and  his  reasons  therefor  to 
the  proper  board." 

The  authority  of  the  school  over  the  conduct  of  pupils  is  not  necessarily 
limited  to  acts  done  during  school  hours,  but  extends  to  acts  committed 
outside  of  the  schoolroom,  if  the  effect  of  such  acts  reaches  within  the  school- 
room and  is  detrimental  to  good  order  and  the  best  interests  of  the  school. 
However,  a  rule  requiring  pupils  living  with  parents  not  to  attend  parties 
has  been  held  to  be  unreasonable  and  non-enforceable.  (State  v.  Osborne,  24 
Mo.  App.,  309.)  Pupils  may  be  held  responsible  for  the  preparation  of  rea- 
sonable home  work  assigned  by  the  teacher.  (Bolding  v.  State,  23  Texas 
Ct.  App.,  172;  4  S.  W.,  579.) 

The  following  Texas  decisions  pertain  to  the  authority  of  a  teacher  to  in- 
flict corporal  punishment  upon  a  pupil:  Stanfield  v.  State,  43  Texas,  167; 
Dowlen  v.  State,  14  Ct.  App.,  61;  Bolding  v.  State,  23  Ct.  App.,  172;  4  S.  W., 


DUTIES  OF  TEACHERS.  31 

579;  Hutton  v.  State,  23  Ct.  App.,  386;  Thomason  v.  State,  43  S.  W.,  1013; 
Howerton  v.  State,  43  S.  W.,  1018;  Kinnard  v.  State,  35  Cr.  Rep.,  270;  33 
S.  W.,  234. 

DUTIES   OP   TEACHERS. 

SEC.  72.  Shall  Present  Valid  Certificate. — Any  teacher  desiring 
to  teach  in  any  city,  town,  or  district  in  this  State,  shall,  before  con- 
tracting with  any  board  of  trustees,  or  with  any  [city]  school  board, 
exhibit  a  teacher's  certificate,  valid  in  the  city,  town  or  school  districstj 
and  any  teacher  who  shall  teach  in  any  public  school  in  this  State 
without  having  a  valid  certificate  shall  not  receive  from  the  free 
school  funds  any  compensation  for  such  service.  [Acts  of  29th  Leg., 
Chap.  124,  Sec.  101.] 

Note. — The  conditions  of  employment  and  payment  of  a  teacher  are  as 
follows: 

1.  The  teacher  must  not  be  related  to  any  member  of  the  school  board  by 
affinity  within  the  second  degree  or  by  consanguinity  within  the  third  de- 
gree.    (Anti-nepotism  law.) 

2.  His  certificate  must  be  valid  at  time  of  employment  and  for  entire 
time  covered  by  contract. 

3.  The  contract  must  be  made  with  the  school  board — employment  by  the 
principal  is  not  legal.     In  a  common  school  district  the  contract  must  be 
approved  by  the  county  superintendent  before  the  opening  of  the  school. 

4.  Each  teacher  must,  receive  pay  for  his  services  by  a  separate  check  or 
voucher. 

SEC.  73.  Penalty. — Any  county  or  city  superintendent  or  board  of 
trustees  who  shall  approve  any  teacher's  contract  or  voucher  until  the 
person  has  presented  a  valid  certificate,  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  fined  not  less  than  twenty- 
five  nor  more  than  one  hundred  dollars.  [Art.  1006,  Penal  Code.] 

SEC.  74.  Salaries  of  Teachers. — Trustees  in  making  contracts  with 
teachers  shall  determine  the  salary  to  be  allowed,  or  wages  to  be  paid, 
upon  the  following  rates  of  tuition :  To  teachers  holding  first  grade 
certificates,  not  more  than  two  dollars  and  fifty  cents;  to  those  hold- 
ing second  grade  certificates,  not  more  than  two  dollars ;  and  to  such 
as  hold  third  grade  certificates,  not  more  than  one  dollar  and  fifty 
cents  per  month  per  capita  shall  be  allowed  for  pupils  within  the 
scholastic  age,  and  it  shall  not  be  lawful  for  trustees  or  teachers  to  de- 
mand as  a  condition  of  admittance  into  school  the  payment  of  extra 
tuition  of  pupils  of  scholastic  age;  provided,  that  in 'no  event  shall 
teachers  holding  permanent  certificates  receive  from  the.  public  free 
school  fund  more  than  eighty-five  dollars  per  month,  or  those  holding 
first  grade  certificates  receive  from  the  public  free  school  fund  more 
than  seventy-five  dollars  per  month,  and  those  holding  second  grade 
certificates  more  than  sixty  dollars  per  month,  and  those  holding  third 
grade  certificates  more  than  forty  dollars  per  month;  provided,  that 
this  restriction  shall  not  apply  to  salaries  of  teachers  in  districts 
which  levy  a  local  tax  for  school  purposes.  [Acts  of  29th  Leg.,  Chap. 
124,  Sec.  73.] 

Note. — The  restrictions  of  this  section  in  the  matter  of  salary  apply  to 
both  common  school  districts  and  independent  districts  which  levy  no  local 
maintenance  taxes. 


32  SCHOOL  LAWS  OP  TEXAS. 

Tuition  fees  paid  by  "overs  and  unders"  become  a  part  of  the  school  fund, 
and  can  not  be  promised  the  teacher  in  addition  to  the  maximum  salary 
fixed  in  this  section,  if  the  district  levies  no  local  tax. 

Section  78  names  the  studies  required  to  be  taught,  and  provides  for  the 
addition  of  other  studies;  but  no  tuition  fees  for  instruction  in  such  added 
studies  can  be  collected  from  pupils  within  the  age  of  free  attendance. 

SEC.  75.  When  Schools  Shall  Be  Open. — Public  schools  shall  be 
taught  for  five  days  in  each  week.  Schools  shall  not  be  closed  on 
legal  holidays  unless  so  ordered  by  the  trustees.  A  school  month  shall 
consist  of  not  lens  than  twenty  school  days,  inclusive  of  holidays;  and 
shall  be  taught  for  not  less  than  seven  hours  each  day,  including  in- 
termissions and  recesses.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  98.] 

Note. — If  a  school  be  closed  on  a  legal  holiday  upon  order  of  the  trustees, 
the  teacher  is  entitled  to  pay  for  that  day. 

SEC.  76.  Legal  Holidays. — The  first  day  of  January,  the  twenty- 
second  day  of  February,  the  second  day  of  March,  the  twenty-first 
day  of  April,  the  third  day  of  June,  the  fourth  day  of  July,  the  first 
Monday  in  September,  the  twelfth  day  of  October,  and  the  twenty- 
fifth  day  of  December  of  each  year,  and  all  days  appointed  by  the 
President  of  the  United  States,  or  by  the  Governor,  as  days  of  fast- 
ing or  thanksgiving,  and  every  day  on  which  an  election  is  held 
throughout  the  State,  are  declared  holidays,  on  which  all  the  public 
offices  of  the  State  may  be  closed,  and  shall  be  considered  and  treated 
as  Sunday  or  the  Christian  Sabbath  for  all  purposes  regarding  the 
presenting  for  payment  or  acceptance  and  of  protesting  for  and  giv- 
ing notice  of  the  dishonor  of  bills  of  exchange,  bank  checks  and 
promissory  notes  placed  by  the  law  upon  the  footing  of  bills  of  ex- 
change. [Acts  of  32nd  Leg.,  Chap.  37.] 

SEC.  77.  Instruction  Must  Be  Given  in  English. — It  shall  be  the 
duty,  of  every  teacher  in  the  public  free  schools  of  this  State  to  use 
the  English  language  exclusively,  and  to  conduct  all  recitations  and 
school  exercises  exclusively  in  the  English  language;  provided,  that 
this  provision  shall  not  prevent  the  teaching  of  any  other  language  as 
a  branch  of  study,  but  when  any  other  language  is  so  taught,  the  use 
of  said  language  shall  be  limited  to  the  recitations  and  exercises  de- 
voted to  the  teaching  of  said  language  as  such  branch  of  study.  [Acts 
of  29th  Leg.,  Chap.  124,  Sec.  102. 

SEC.  78.  Prescribed  Studies. — All  public  schools  in  this  State  shall 
be  required  to  have  taught  in  them  orthography,  reading  in  English 
penmanship,  arithmetic,  English  grammar,  modern  geography,  com- 
position, physiology  and  hygiene  (including  the  effects  of  alcoholic 
stimulants  and  narcotics  on  the  human  system),  mental  arithmetic, 
Texas  history,  United  States  history,  , civil  government,  elementary 
agriculture,  and  other  branches  as  may  be  agreed  upon  by  the  trus- 
tees or  directed  by  the  State  Superintendent  of  Public  Instruction; 
provided,  that  the  subject  of  elementary  agriculture  shall  not  be  re- 
quired to  be  taught  in  independent  school  districts  having  a  scholastic 
population  of  three  hundred  or  more,  unless  so  ordered  by  the  school 
boards;  provided  further,  that  suitable  instruction  shall  be  given  in 
the  primary  grades  once  each  week  regarding  kindness  to  animals  of 


TEACHERS'  CERTIFICATES.  33 

the  brute  creation  and  the  protection  of  birds  and  their  nests  and  eggs. 
[Sec.  100,  Chap.  124,  Acts  of  29th  Leg.,  as  amended  by  Chap.  169, 
Acts  of  30th  Leg.] 

SEC.  79.  Shall  Keep  Records  and  Make  Reports. — (a)  Teachers 
shall  keep  daily  registers,  in  which  the  names,  ages  and  studies  of  the 
pupils  and  their  attendance  shall  be  recorded,  and  such  other  matters 
as  may  be  prescribed  by  the  State  Superintendent.  Said  registers 
shall  be  open  to  the  inspection  of  all  parents,  school  officers,  and  other 
persons  who  may  be  interested. 

(b)  All  teachers  shall  make  monthly  reports  on  such  subjects  as 
may  be  designated  by  the  State  Superintendent  or  county  superin- 
tendent, to  be  approved  by  a  majority  of  the  trustees  of  the  district, 
and  shall  file  the  same  with  the  county  superintendent  when  they  pre- 
sent their  vouchers  for  their  months'  salaries. 

'(c)  They  shall  make  such  reports  at  the  end  of  the  school  term 
as  may  be  prescribed  by  the  State  Superintendent,  and  until  such 
term  reports  are  made  the  trustees  shall  not  approve  vouchers  for  last 
month's  salaries,  nor  shall  the  county  treasurers  [depositories]  pay 
the  same.  All  monthly  and  term  reports  shall  be  made  under  oath, 
and  county  superintendents  are  hereby  empowered  to  administer 
oaths  for  such  purposes.  County  superintendents  and  county  judges 
shall  receive  no  compensation  for  administering  oaths  necessary  in 
transacting  any  business  relating  to  school  affairs.  [Acts  of  29th 
Leg.,  Chap.  124,  Sec.  104.1 

Note. — See  Section  30  for  penalty  in  case  of  neglecting  to  make  reports. 
See  Section  43  et  seq.  as  to  duty  of  teacher  in  attending  institute. 

CERTIFICATION    OF    TEACHERS.      - 

SEC.  80.  County  and  State  Board  of  Examiners;  Time  of  Holding 
Examinations. — There  shall  be  in  each  organized  county  in  this  State 
a  county  board  of  examiners  composed  of  two  persons  to  be.  ap- 
pointed by  the  county  superintendent  or  the  ex  officio  county  super- 
intendent. A  person  to  be  eligible  to  appointment  on  the  county 
board  of  examiners  must  be  the  holder  of  a  teachers'  first  grade  cer- 
tificate or  a  certificate  of  higher  grade.  The  members  of  the  county 
board  of  examiners  shall  serve  during  the  pleasure  of  the  county  -super- 
intendent, and  shall  meet  at  the  call  of  the  county  superintendent. 
The  county  superintendent  shall  forward  to  the  State  Superintendent 
to  be  submitted  to  the  State  Board  of  Examiners,  the  examination 
papers  of  applicants  for  certificates,  together  with  the  reports  of  the 
county  board  of  examiners  on  a  prescribed  form  furnished  by  the 
State  Department  of  Education,  with  a  fee  of  $1  paid  to  him  by  each 
of  the  applicants. 

The  passage  of  this  law  shall  not  be  construed  to  prohibit  the  county 
board  of  examiners  from  issuing  county  second-grade  certificates,  pro- 
vided the  examination  shall  meet  the  requirements  for  second-grade 
certificates,  but  not  more  than  one  county  second-grade  certificate 
shall  ever  issue  to  the  same  individual. 

The  State  Board  of  Examiners  shall,  at  their  next  meeting  after 
the  receipt  of  said  papers  and  reports,  together  with  the  fees,  ex- 
amine the  papers  and  shall  make  a  report  to  the  State  Superintend- 


34  SCHOOL  LAWS  OP  TEXAS. 

ent  recommending  that  certificates  be  issued  or  be  not  issued,  accord- 
ing to  the  grades  made. 

The  county  board  of  examiners  of  each  county  shall,  if  necessary, 
hold  an  examination  on  the  first  Friday  and  Saturday  following  in 
the  months  of  June,  July,  August,  September  and  December  of  each 
year,  and  in  case  of  emergency  the  State  Superintendent  of  Public 
Instruction  may  authorize  a  special  examination  at  which  applicants 
for  certificates  may  be  examined.  Said  board  of  examiners  shall  use 
the  questions  prescribed  by  the  State  Department  of  Education,  and 
shall  conduct  the  examination  in  accordance  with  the  rules  and  reg- 
ulations prescribed  by  the  State  Department  of  Education  and  the 
county  superintendent  of  public  instruction. 

To  each  applicant  who  has  made  the  required  grades  the  State  Su- 
perintendent shall  forward  the  report,  together  with  the  certificate 
recommended  by  the  State  Board  of  Examiners;  and  to  each  appli- 
cant who  has  failed  to  make  the  required  grades,  the  State  Superin- 
tendent shall  forward  the  report  of  the  State  Board  of  Examiners  with- 
out a  certificate. 

Note. — The  law  provides  for  five  examinations  for  teachers'  certificates 
each  year.  An  examination  will  be  held  at  each  county  seat  in  the  State 
on  the  first  Friday  and  Saturday  following,  in  the  months  of  June,  Sep- 
tember and  December,  and  at  the  close  of  each  of  the  two  series  of  Sum- 
mer Normal  Institutes  during  the  months  of  July  and  August. 

Questions  for  all  the  different  classes  of  certificates  will  be  submitted 
at  each  of  the  five  examinations. 

SEC.  81.  Examination  Fees,  etc. — Any  person  desiring  to  be  ex- 
amined for  a  teacher's  certificate  authorizing  him  or  her  to  contract 
to  teach  in  the  public  free  schools  of  Texas,  shall  make  application 
to  the  county  superintendent,  stating  the  class  of  certificate  desired, 
and  shall  present  to  the  county  superintendent  a  statement  of  three 
good  and  well  known  citizens,  or  such  proof  as  he  may  require  of 
his  qualifications,  except  the  examination  grades  required  for  the 
class  of  certificate  desired.  After  investigation,  the  county  superin- 
tendent shall  give  the  applicant  a  written  recommendation  to  the 
county  board  of  examiners  requiring  them  to  examine  the  applicant 
for  a  certificate  of  the  class  mentioned;  but  no  person  shall  receive 
such  recommendation  without  first  depositing  with  the  county  su- 
perintendent the  sum  of  two  dollars  ($2.00)  as  an  examination  fee, 
and  the  recommendation  given  by  the  county  superintendent  shall 
show  the  receipt  of  said  fee.  The  county  board  of  examiners  shall 
not  permit  any  person  to  enter  the  examination  who  does  not  first 
present  the  written  recommendation  of  the  county  superintendent; 
provided,  that  all  examinations  provided  for  herein  and  elsewhere 
in  the  Texas  School  Laws  shall  be  conducted  in  writing  and  in  the 
English  language.  [Acts  of  32nd  Leg.,  Chap.  96,  Section  105.] 

Note. — All  applicants  for  certificates  by  examination  shall  pay  a  fee 
of  $2.00  to  the  examiners.  If  the  application  is  for  a  county  second  grade 
certificate,  the  $2.00  is  retained  by  the  examiners,  and  if  the  application 
is  for  a  State  certificate,  $1.00  is  retained  by  the  examiners  and  $1.00 
forwarded  with  the  papers  to  the  State  Department  of  Education. 

Note. — The  county  board  of  examiners  shall  grade  the  papers  of  appli- 
cants for  county  second-grade  certificates  on  the  basis  of  one  hundred 


TEACHERS'  CERTIFICATES.  35 


JL. 

credits  for  a  perfect  paper,  and  endorse  on  each  paper  in  ink  the  number 

of  credits  allowed  on  each  answer,  and  a  total  on  the  ^aper,  and  shall 
make  to  the  county  superintendent  a  separate  report,  ^iHjw  oath,  on* 
the  examination  of  each  applicant,  which  shall  show  the  names  of  the 
members  of  the  board  conducting  the  examination,  and  the  number  of 
credits  allowed  on  each  subject,  and  shall,  if  they  believe  that  the  ap- 
plicant has  fairly  observed  the  rules  prescribed  for  the  examination, 
and  if  the  applicant  has  made  the  grades  and  average  required  for  a 
county  second-grade  certificate,  recommend  that  he  shall  receive  such 
certificate,  and  shall  deposit  his  papers  with  the  county  superintendent. 
In  no  cases  shall  the  county  board  grade  the  papers  of  applicants  for 
State  certificates.  The  papers  of  applicants  for  county  second-grade  cer- 
tificates can  not  under  the  law  be  forwarded  to  the  State  Board  of 
Examiners  for  the  purpose  of  receiving  a  State  certificate  in  lieu  of  the 
county  certificate.  Formal  appeal  may,  however,  be  taken  to  the  State 
Superintendent  of  Public  Instruction  from  the  grading  of  the  county 
board. 

SEC.  82.  Duty  of  County  Superintendent.  —  No  person  shall  re- 
ceive a  certificate  authorizing  his  employment  in  the  public  free 
schools  of  Texas  without  showing  to  the  satisfaction  of  the  county 
superintendent  that  he  is  a  person  of  good  moral  character,  and  has 
ability  to  speak  and  understand  the  English  language  sufficiently 
to  use  it  easily  and  readily  in  conversation,  and  in  giving  instruc- 
tion in  all  subjects  prescribed  for  the  class  of  certificate  for  which 
he  applies.  The  county  superintendent,  unless  he  knows  the  fact 
personally,  shall  require  satisfactory  proof  of  the  applicant  as 
herein  required,  before  issuing  his  recommendation  to  the  county 
board  of  examiners.  [Acts  32nd  Leg.,  Chap.  96,  Sec.  106.] 

SEC.  83.  Kinds  of  Certificates  Issued.  —  Teachers'  certificates  au- 
thorizing the  holders  thereof  to  contract  to  teach  in  the  public  free 
schools  of  this  State  shall  be  of  two  kinds,  as  follows:  (1)  tem- 
porary certificate;  (2)  permanent  certificate. 

Temporary  certificates  shall  be  of  the  following  classes:  (1)  a 
second-grade  certificate;  and  (2)  a  first-grade  certificate. 

Permanent  certificate  shall  be  of  the  following  classes:  (1)  a 
State  permanent  certificate;  and  (2)  a  State  permanent  primary 
certificate.  [Acts  32nd  Leg.,  Chap.  96,  Sec.  107.] 

SEC.  84.  Requirements  for  Second  and  First-Grade  Certificates.  — 
An  applicant  for  a  second-grade  certificate  shall  be  examined  in 
spelling,  reading,  writing,  arithmetic,  English  grammar,  geography, 
Texas  history,  elementary  physiology  and  hygiene,  with  special  ref- 
erence to  narcotics,  school  management  and  methods  of  teaching, 
United  States  history  and  elementary  agriculture.  An  applicant  for 
a  first-grade  certificate  shall  be  examined  in  the  subjects  prescribed 
for  a  second-grade  certificate,  and  in  addition  thereto,  in  English 
composition,  civil  government,  algebra,  physical  geography,  ele- 
ments of  geometry  and  general  history. 

Second  and  first-grade  certificates  shall  be  valid,  unless  canceled 
by  lawful  authority  ,%  until  the  fourth  anniversary  of  the  thirty-first 
day  of  August  of  the  calendar  year  in  which  the  examination  was 
held,  and  to  receive  such  certificates  applicants  shall  make  an  ex- 
amination on  the  prescribed  subjects  an  average  grade  of  not  less 
than  seventy-five  per  cent,  and  on  each  subject  a  grade  of  not  less 
than  fifty  per  cent;  provided,  that  if  the  applicant  makes  a  general 
average  on  the  prescribed  subjects  of  not  less  than  eighty-five  per 


36  SCHOOL  LAWS  OP  TEXAS. 

cent,  and  on  each  subject  a  grade  of  not  less  than  fifty  per  cent, 
such  certificates  shall  be  valid  unless  canceled  by  lawful  authority 
until  the  sixth  anniversary  of  the  thirty-first  day  of  August  of  the 
calendar  year  in  which  the  examination  was  held.  [Acts  of  32nd 
Leg.,  Chap.  96,  Sec.  108.] 

SEC.  85.  Permanent  Primary  Certificates,  Building. — An  appli- 
cant for  a  State  permanent  primary  certificate  shall  be  examined  in 
the  subjects  prescribed  for  a  second-grade  certificate,  and  in  addition 
thereto,  the  subjects  of  civil  government,  English  composition, 
physical  geography,  the  history  of  education,  elementary  psychology 
applied  to  teaching,  and  English  and  American  literature. 

The  holder  of  a  State  permanent  primary  certificate  may  build 
to  a  State  permanent  certificate  during  the  first  six  years  of  the  val- 
idity of  said  certificate  by  taking  the  examination  in  the  fol- 
lowing additional  subjects:  Algebra,  physics,  elementary  geometry, 
general  history,  chemistry,  solid  geometry,  plane  trigonometry,  ele- 
mentary double-entry  bookkeeping;  provided,  that  a  person  holding 
a  State  permanent  primary  certificate  secured  by  building  on  a 
State  first-grade  certificate  shall  not  be  required  to  be  re-examined 
in  the  subjects  of  algebra,  physics,  elementary  geometry  and  gen- 
eral history  in  building  to  a  State  permanent  certificate. 

The  holder  of  a  State  first-grade  certificate  may  build  to  a  State 
permanent  primary  certificate  by  taking  the  examination  in  the  fol- 
lowing additional  subjects:  History  of  education,  elementary  psy- 
chology applied  to  teaching,  English  and  American  literature.  The 
applicant  in  building  from  a  State  first-grade  certificate  to  a  State 
permanent  primary  certificate  shall  take  the  examination  in  one  or 
more  of  the  additional  subjects  at  the  same  examination.  The  ap- 
plicant, in  order  to  be  entitled  to  receive  such  certificate,  shall  make 
a  general  average  of  eighty-five  per  cent  on  the  prescribed  subjects 
and  a  grade  of  not  less  than  fifty  per  cent  on  each  subject.  An  ap- 
plicant for  a  State  permanent  certificate  shall  be  examined  on  the 
subjects  prescribed  for  second  and  first-grade  certificates,  and  in 
addition  thereto  in  the  history  of  eduaction,  psychology,  English 
and  American  literature,  chemistry,  solid  geometry,  physics,  plane 
trigonometry  and  elementary  double-entry  bookkeeping.  The  appli- 
cant, in  order  to  be  entitled  to  receive  such  certificate,  shall  make  on 
the  prescribed  subjects  an  average  grade  of  not  less  than  eighty-five 
per  cent  and  a  grade  of  not  less  than  fifty  per  cent  on  each  subject. 

Note. — An  average  grade  of  85  per  cent  is  not  a  prerequisite  in  building 
to  a  permanent  or  permanent  primary  certificate.  The  applicant  is  required, 
however,  to  make  a  general  average  grade  on  all  of  the  subjects,  including 
those  upon  which  he  was  examined  for  his  lower  grade  certificate,  of  85 
per  cent. 

SEC.  86.  Building. — A  person  holding  a  second-grade  certificate 
may  build  to  a  first-grade  certificate  or  to  a  permanent  primary  cer- 
tificate during  the  validity  of  the  said  second-grade  certificate  by 
taking  the  examination  in  the  prescribed  additional  subjects  and 
making  the  required  grades,  said  person  having  the  privilege  of  be- 
ing examined  in  one  or  more  subjects  at  any  one  examination  in 
building  on  his  second-grade  certificate.  A  permanent  record  of  his 


TEACHERS'  CERTIFICATES.  37 

examination  shall  be  made  in  the  State  Department  of  Education, 
and  upon  the  surrender  of  the  lower  class  certificate  the  higher  class 
certificate  shall  be  issued. 

The  holder  of  a  first-grade  certificate  may  build  to  a  State  perma- 
nent primary  certificate  or  to  a  State  permanent  certificate  during, 
the  validity  of  the  said  first-grade  certificate  by  taking  the  examina- 
tions in  the  prescribed  additional  subjects,  said  person  having  the 
privilege  of  being  examined  in  one  or  more  subjects  at  any  one 
examination  in  building  on  a  first-grade  certificate.  A  permanent 
record  of  his  examination  shall  be  made  in  the  State  Department  of 
Education,  and  upon  the  surrender  of  the  first-grade  certificate,  the 
State  permanent  certificate  or  State  permanent  primary  certificate, 
as  the  case  may  be,  shall  be  issued. 

The  holder  of  a  State  permanent  primary  certificate  may  build  to 
a  State  permanent  certificate  during  the  first  six  years  of  the  valid- 
ity of  said  State  permanent  primary  certificate  by  taking  the  ex- 
ination  in  the  additional  prescribed  subjects,  and  making  the  re- 
quired grades,  said  person  shall  have  the  privilege  of  being  exam- 
ined in  one  or  more  of  the  subjects  at  any  one  examination  in  build- 
ing on  his  State  permanent  primary  certificate.  A  permanent  record 
of  his  examination  shall  be  made  in  the  State  Department  of  Educa- 
tion, and  upon  the  surrender  of  the  lower  class  certificate  the  higher 
class  certificate  shall  be  issued.  [Acts  of  32nd  Leg.,  Chap.  96,  Sec. 
110.] 

Note. — An  applicant  who  holds  a  State  second-grade  certificate  procured 
under  the  old  law,  in  building  to  a  first-grade  or  permanent  primary  certifi- 
cate under  the  new  law,  will  be  required  to  be  re-examined  in  civil  govern- 
ment, English  composition,  and  physical  geography.  The  grades  on  these 
subjects  are  counted  twice  in  determining  the  general  average  grade  of  the 
new  certificate.  An  applicant  holding  a  State  second-grade  certificate,  in 
building  to  a  higher  grade  certificate,  is  not  required  to  be  examined  in 
agriculture. 

The  holder  of  a  State  first-grade  certificate  procured  under  the  old  law 
will  be  required  to  be  re-examined  in  physics  in  building  to  a  permanent  cer- 
tificate under  the  new  law,  the  grades  on  this  subject  being  counted  twice 
in  determining  the  general  average  of  the  new  certificate. 

It  should  be  noted  that  the  applicant  must  complete  the  building  process 
before  the  certificate  upon  which  he  is  building  expires. 

County  certificates  can  not  be  built  upon  under  this  law  to  higher  grade 
certificates. 

Note.— The  holder  of  a  permanent  primary  certificate  procured  before  the 
present  law  Went  into  effect  will  be  permitted  to  build  to  a  permanent  certifi- 
cate at  any  time  during  the  six  years  next  following  June  11,  1911. 

SEC.  86a.  Can  Only  Teach  in  Elementary  Grades. — The  holder 
of  a  second-grade  certificate  or  of  a  permanent  primary  certificate 
shall  be  eligible  to  contract  to  teach  in  only  the  elementary  grades  of 
the  public  schools  of  Texas;  that  is,  in  the  grades  below  the  high 
school.  The  holder  of  a  State  first-grade  certificate,  or  State  per- 
manent certificate,  shall  be  eligible  to  contract  to  teach  in  any  public 
free  school  of  Texas.  [Acts  32nd  Leg.,  Chap.  96,  Sec.  llOa.] 

Note. — The  State  Department  of  Education  holds  that  the  high  school 
work  should  properly  begin  with  the  eighth  grade.  If  the  school  is  not 
graded,  the  holder  of  a  second-grade  or  permanent  primary  certificate  is  not 
eligible  to  contract  to  teach  subjects  which  are  ordinarily  considered  high 
school  subjects,  such  as  algebra,  general  history,  English  composition,  etc. 


38  SCHOOL  LAWS  OP  TEXAS. 

SEC.  86b.  A  State  permanent  primary  certificate,  or  a  State  per- 
manent certificate  shall  be  valid  during  the  life  of  the  holder,  un- 
less canceled  by  lawful  authority.  [Acts  of  32nd  Leg.,  Chap.  96, 
Sec.  llOb.] 

SEC.  87.  Texas  State  Normal  Diplomas  and  Certificates. — A 
teacher  holding  a  diploma  from  a  Texas  State  Normal  College  may 
teach  in  the  public  schools  of  this  State  during  good  behavior  and 
such  diploma  shall  rank  as  a  State  permanent  certificate.  A  teacher 
holding  a  first-grade  certificate  from  a  Texas  State  Normal  College 
may  teach  in  the  public  schools  of  this  State  until  the  sixth  anniver- 
sary of  the  thirty-first  day  of  August  of  the  calendar  year  in  which 
the  certificate  was  issued,  and  a  teacher  holding  a  second-grade  cer- 
tificate from  a  Texas  State  Normal  College  may  teach  in  the  public, 
schools  of  this  State  until  the  fourth  anniversary  of  the  thirty-first 
day  of  August  of  the  calendar  year  in  which  the  certificate  was  is- 
sued. A  teacher  holding  a  diploma  from  the  Peabody  Normal  Col- 
lege, at  Nashville,  Tennessee,  shall  be  entitled  upon  recording  the 
diploma  in  the  State  Department  of  Education,  to  receive  therefrom 
a  State  permanent  certificate  valid  during  the  life  of  the  holder, 
unless  canceled  by  lawful  authority.  [Acts  of  32nd  Leg.,  Chap.  96, 
Sec.  114.] 

SEC.  88.-  Summer  Normal  Institutes. — The  State  Superintendent 
of  Public  Instruction  is  authorized  to  provide  for  the  organization 
and  work  of  Summer  Normal  Institutes  in  Texas,  in  which  exami- 
nations may  be  held  for  the  certification  of  teachers,  and  the  certifi- 
cates obtained  through  these  examinations  shall  be  of  the  same  class 
and  governed  by  the  same  laws  as  to  the  length  of  time  of  their 
validity  as  are  other  State  certificates  obtained  through  the  regular 
examinations  prescribed  by  the  State  Department  of  Education. 
[Acts  of  32nd  Leg.,  Chap.  96,  Sec.  115.] 

SEC.  89.  Certificates  Issued  on  Work  Done  in  University  of  Texas. 
— A  teachers7  diploma  conferred  by  the  University  of  Texas  upon  a 
student  who  has  satisfactorily  completed  at  least  four  full  courses 
in  the  department  of  education  and  who  has  satisfied  the  require- 
ments for  the  degree  of  bachelor  of  arts,  when  presented  to  the  State 
Department  of  Education  with  satisfactory  evidence  of  having  done 
the  required  work  in  education,  shall  entitle  the  holder  to  receive  a 
State  permanent  certificate  valid  for  life,  unless  canceled  by  lawful 
authority. 

A  person  who  has  satisfactorily  completed  four  full  courses  in 
the  college  of  arts  and  one  full  course  in  the  department  of  educa- 
tion of  the  University  of  Texas,  or  in  any  college  or  university 
ranked  as  first-class  by  the  State  Superintendent  of  Public  In- 
struction, upon  the  recommendation  of  the  State  Board  of  Ex- 
aminers, shall,  upon  presentation  of  satisfactory  evidence  of  having 
done  the  required  work,  be  entitled  to  receive  from  the  State  De- 
partment of  Education  a  State  first-grade  certificate  valid  until  the 
fourth  anniversary  of  the  thirty-first  day  of  August  of  the  calendar 
year  in  which  the  certificate  was  issued,  unless  canceled  by  lawful 
authority.  [Acts  of  32nd  Leg.,  Chap.  96,  Sec.  116.] 

SEC.  90.  Certificates  Issued  on  Work  Done  in  Any  College  or 
University  of  First  Class. — Any  person  who  holds  a  diploma  con- 


TEACHERS'  CERTIFICATES.  39 

ferring  on  him  the  degree  of  bachelor  of  arts,  or  any  equivalent 
bachelor's  degree,  or  any  higher  academic  degree,  from  any  college 
or  university  of  the  first  class,  and  who  has  completed  four  full 
courses  in  education  and  pedagogy,  may  receive  from  the  State  Su- 
perintendent of  Public  Instruction  a  permanent  State  certificate, 
which  shall  be  valid  anywhere  in  this  State  during  good  behavior; 
provided,  that  any  person  who  holds  a  diploma  conferring  on  him 
the  degree  of  bachelor  of  arts,  or  any  equivalent  bachelor's  degree, 
or  any  higher  academic  degree,  from  any  college  or  university  of 
the  first  class,  who  has  not  had  four  full  courses  in  education,  but 
who  has  taught  three  years  in  the  State,  may  receive  from  the  State 
Superintendent  of  Public  Instruction  a  permanent  State  certificate, 
which  shall  be  valid  anywhere  in  this  State  during  good  behavior. 
The  institutions  to  be  recognized  as  colleges  or  universities  of  the 
first  class  shall  be  determined  by  the  State  Superintendent  of  Public 
Instruction  upon  the  recommendation  of  the  State  Board  of  Ex- 
aminers. [Acts  of  32nd  Leg.,  Chap.  96,  Sec.  117.] 

SEC.  91.  City  Certificate. — A  city  or  town  which  has  a  scholastic 
population  of  five  hundred  or  more,  and  has  become  an  independent 
school  district,  and  which  levies  a  local  tax  for  educational  purposes 
or  maintains  a  system  of  free  schools  for  nine  months  in  each  year, 
and  which  has  employed  a  superintendent  of  city  schools,  may  have 
a  city  board  of  examiners.  Said  board  of  examiners  shall  in  all 
cases  consist  of  the  city  superintendent  of  the  city  schools,  together 
with  two  other  persons  who  shall  be  appointed  by  him,  and  who  shall 
be  teachers,  and  the  superintendent  shall  not  be  subject  to  examina- 
tion. The  city  board  of  examiners  is  hereby  authorized  to  issue  cer- 
tificates valid  only  in  the  city  in  which  they  are  issued.  Such  cer- 
tificates shall  be  of  two  kinds,  as  follows:  temporary,  permanent, 
certificates. 

Temporary  and  permanent  certificates  shall  be  of  three  classes  for 
each  kind  as  follows:  Temporary  certificates  shall  be  second  grade, 
first  grade,  and  high  school.  Permanent  certificates  shall  be  primary, 
first  grade  and  high  school.  A  temporary  city  certificate  shall  be 
good  for  any  period  not  exceeding  four  years,  to  be  determined  by 
the  board  of  trustees  of  such  city  or  town.  A  permanent  city  cer- 
tificate shall  be  good  during  good  behavior,  and  shall  not  be  issued 
to  any  person  who  has  not  been  engaged  successfully  in  teaching  in 
the  schools  of  Texas  for  a  period  of  at  least  three  years.  The  fur- 
ther regulation  of  the  issuance  of  such  certificate  shall  be  provided 
for  by  the  board  of  trustees  of  such  cities  or  towns;  provided,  that 
no  city  or  town  shall  make  the  requirements  for  its  temporary  cer- 
tificates inferior  to  the  requirements  prescribed  by  law  for  county  or 
State  certificates  of  the  corresponding  grades,  or  the  requirement? 
for  its  permanent  certificates  less  than  those  prescribed  by  law  for 
permanent  county  or  State  certificates  of  corresponding  grades. 
Nothing  in  this  chapter  shall  interfere  with  the  validity  of  outstand- 
ing certificates  in  such  cities  or  towns,  or  prevent  the  extension  of 
such  certificates  upon  such  conditions  as  may  be  prescribed  by  the 
board  of  trustees  regarding  professional  reading,  attendance  upon 
city  institutes,  or  other  means  of  professional  growth.  Cities  and 
towns  authorized  by  the  provisions  of  this  chapter  to  have  a  city 


40  -SCHOOL  LAWS  OF  TEXAS. 

board  of  examiners,  may,  at  the  discretion  of  the  superintendent  of 
the  city  schools,  employ  a  teacher  of  any  special  branch  not  included 
in  the  requirements  for  a  State  certificate  without  requiring  an  ex- 
amination or  a  teachers'  certificate;  and  nothing  in  this  chapter 
shall  prevent  the  board  of  trustees  of  any  city  or  town  [from  recog- 
nizing the  certificates]  issued  in  any  other  such  city  or  town  in  this 
State,  and  validating  the  same  in  the  city  or  town  so  recognizing. 
[Acts  of  32nd  Leg.,  Chap.  96,  Sec.  118.] 

SEC.  92.  Certificates  Issued  on  Work  Done  in  College  of  Indus- 
trial Arts. — Any  person  who  has  completed  a  regular  course  leading 
to  graduation  in  the  College  of  Industrial  Arts,  at  Denton,  and  who 
has  completed  two  full  courses  in  education,  may  on  furnishing  sat- 
isfactory evidence  of  having  done  the  required  work,  receive  from 
the  State  Department  of  Education  a  State  first-grade  certificate 
valid  until  the  sixth  anniversary  of  the  thirty-first  day  of  August  of 
the  calendar  year  in  which  the  certificate  was  issued,  unless  can- 
celed by  lawful  authority;  provided,  that  when  the  holder  of  said 
first-grade  certificate  has  taught  successfully  in  the  public  schools 
of  Texas  for  a  period  of  three  years,  and  has  furnished  satisfactory 
evidence  thereof  to  the  State  Department  of  Education,  she  may  re- 
ceive, upon  the  surrender  of  the  said  first-grade  certificate,  a  State 
permanent  certificate  valid  for  life,  unless  canceled  by  lawful  authority. 
[Acts  of  32nd  Leg.,  Chap.  96,  Sec.  119.] 

SEC.  93.  Certificates  Issued  on  Diplomas  From  Normal  Schools 
and  Life  Certificates  in  Other  States. — The  holder  of  diploma  from 
a  State  Normal  College,  or  of  a  life  certificate,  in  another  State,  upon 
becoming  a  citizen  of  Texas,  may  receive  from  the  State  Department 
of  Education  a  State  permanent  certificate;  provided,  the  State 
Board  of  Examiners  recommends  to  the  State  Superintendent  of 
Public  Instruction  that  the  requirements  for  the  diploma  or  life 
certificate  are  equal  in  all  respects  to  the  requirements  for  a  State 
Normal  College  diploma  or  life  certificate  in  Texas.  [Acts  of  32nd 
Leg.,  Chap.  96,  Sec.  120.] 

SEC.  94.  Kindergarten  Certificates. — A  diploma  of  graduation 
from  a  State  educational  institution  in  Texas  which  maintains,  or 
may  hereafter  establish  and  maintain,  a  department  for  training 
kindergarten  teachers,  such  diploma  certifying  that  the  holder 
thereof  has,  in  addition  to  the  regular  course,  completed  the  kinder- 
garten course,  consisting  of  not  less  than  two  years'  training  with 
daily  practice  in  the  kindergarten,  shall,  upon  being  presented  with 
satisfactory  evidence  of  having  done  the  required  work  to  the  State 
Department  of  Education,  entitle  the  holder  to  receive  a  State  kin- 
dergarten certificate  authorizing  its  holder  to  contract  to  teach  in 
any  public  kindergarten  school  of  Texas,  valid  until  the  fourth  anni- 
versary of  the  thirty-first  day  of  August  of  the  calendar  year  in 
which  the  certificate  was  issued,  unless  canceled  by  lawful  authority. 
The  State  Superintendent  of  Public  Instruction  is  hereby  author- 
ized to  issue  to  graduates  of  approved  kindergarten  training  schools 
and  departments  State  kindergarten  certificates  valid  for  the 
time  mentioned  in  this  section ;  provided,  that  no  kindergarten  train- 
ing school  or  department  be  approved  by  the  State  Superintendent 
of  Public  Instruction  unless  the  standard  indicated  above  has  been 


TEACHERS'  CERTIFICATES.  41 

fully  met,  and  it  shall  be  the  duty  of  the  authorities  of  such  schools 
and  departments  to  furnish  satisfactory  evidence  with  respect  to 
this  matter  to  the  State  Department  of  Education.  The  holder  of 
a  State  kindergarten  certificate,  after  having  successfully  taught  in 
the  kindergarten  schools  of  this  State  for  a  term  of  three  years,  may, 
upon  presentation  of  satisfactory  evidence  thereof  to  the  State  De- 
partment of  Education,  receive  a  State  permanent  kindergarten  cer- 
tificate valid  for  life,  unles  canceled  by  lawful  authority.  [Acts  of 
32nd  Leg.,  Chap.  96,  Sec.  121.] 

SEC.  95.  All  Certificates  Must  Be  Recorded  by  County  Superin- 
tendent.— The  county  superintendent  shall  keep  a  record  of  all  cer- 
tificates held  by  persons  teaching  in  the  public  free  schools  of  the 
common  school  districts  and  of  the  independent  school  districts  of 
his  county.  Any  person  who  desires  to  teach  in  a  public  free  school 
of  a  common  school  district  shall  present  his  certificate  for  record 
before  the  approval  of  his  contract.  Any  person  who  desires  to 
teach  in  the  public  schools  of  an  independent  school  district  shall 
present  his  certificate  to  the  county  superintendent  for  record  before 
his  contract  with  the  board  of  trustees  of  the  independent  school  dis- 
trict shall  become  valid.  [Acts  of  32nd  Leg.,  Chap.  96,  Sec.  123.] 

SEC.  96.  Applicants  Must  Be  at  Least  Sixteen  Tea'rs  of  Age.— 
No  certificate  shall  be  granted  to  a  person  under  sixteen  years  of 
age.  [Acts  32nd  Leg.,  Chap.  96,  Sec.  124.] 

SEC.  97.  Validity  of  Outstanding  Certificates. — Nothing  in  this 
Act  shall  be  construed  to  impair  the  validity  of  outstanding  city, 
county,  or  State  certificates.  Cities  and  towns  may,  at  the  discretion 
of  the  superintendent,  employ  a  teacher  of  any  special  branch  not 
included  in  the  requirements  for  a  State  certificate  without  requiring 
a  teacher's  certificate.  [Acts  of  32nd  Leg.,  Chap.  96,  Sec.  125.] 

SEC.  98.  Traffic  in  Examination  Questions. — Any  person  or  per- 
sons who  shall  sell,  barter  or  give  away,  prior  to  any  forthcoming  ex- 
amination to  applicants  for  teachers'  certificates,  or  to  any  other  per- 
sons, the  questions  prepared  by  the  State  Superintendent  of  Public 
Instruction,  to  be  used  by  the  county,  summer  normal,  or  any  board 
of  examiners  in  the  examination  of  teachers  at  said  forthcoming  ex- 
amination, or  any  person  who  shall  accept  or  otherwise  obtain  pos- 
session of  such  questions  or  the  answers  thereto,  prior  to  any  such  ex- 
amination, or  any  person  or  persons  who  shall  use  the  same  fraudu- 
lently at  the  time  of  said  examination,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  any  sum 
not  less  than  one  hundred  and  not  more  than  five  hundred  dollars, 
and  in  addition  thereto  shall  be  imprisoned  in  the  county  jail  for 
any  number  of  days  not  less  than  twenty  and  not  more  than  sixty 
[Acts  of  29th  Leg.,  Chap.  124,  Sec.  124a.] 

SEC.  99.  State  Board  of  Examiners. — The  State  Superintendent  of 
Public  Instruction  shall  be  authorized  to  appoint  a  State  Board  of 
Examiners,  consisting  of  not  less  than  three  competent  teachers,  liv- 
ing in  the  State,  to  serve  during  his  pleasure,  and  he  may  increase  or 
decrease  the  number,  as  varying  conditions  may  make  necessary 
[Acts  of  29th  Leg.,  Chap.  124,  Sec.  111.] 

SEC.  100.  Kindergartens. — The  trustees  of  any  school  district  in 
the  State  of  Texas  may  establish  and  maintain  t'reo  kindergartens  in 


42  SCHOOL  LAWS  OP  TEXAS. 

connection  with  the  public  schools  of  said  district,  for  the  training 
of  children  between  four  and  seven  years  of  age,  residing  in  said 
district,  and  shall  establish  such  courses  of  training,  study  and  dis- 
cipline, and  such  rules  and  regulations  governing  such  kindergar- 
tens as  said  trustees  may  deem  best;  provided,  that  nothing  in  this 
act  shall  be  construed  to  change  the  law  relating  to  the  taking  of  the 
scholastic  census,  or  the  apportionment  of  State  and  county  school 
funds  among  the  several  counties  and  districts  in  this  State;  pro- 
vided further,  that  the  cost  of  establishing  and  maintaining  such 
kindergartens  shall  be  paid  from  the  special  school  tax  of  said  dis- 
tricts. Said  kindergartens  shall  be  a  part  of  the  public  school  sys- 
tem, and  shall  be  governed,  as  far  as  practicable,  in  the  same  man- 
ner and  by  the  same  officers  as  is  now,  or  hereafter  may  be,  provided 
by  law  for  the  government  of  the  other  public  schools  of  the  State. 
[Acts  of  30th  Leg.,  Chap.  149,  Sec.  1.] 

SEC.  101.  Cancellation  of  Certificates. — Any  certificate  may  be 
canceled  for  cause  by  the  authority  issuing  it,  and  the  State  Super- 
intendent of  Public  Instruction  shall  have  power  to  cancel  any  cer- 
tificate upon  satisfactory  evidence  that  the  holder  thereof  is  conduct- 
ing his  school  in  violation  of  the  laws  of  the  State,  or  is  a  person 
unworthy  to  instruct  the  youth  of  this  State;  provided,  that  any 
teacher  holding  a  certificate  to  teach  in  the  public  schools  of  this 
State,  who  shall  enter  into  a  written  contract  with  any  board  of  trustees 
to  teach  any  public  school  in  this  State,  and  shall,  after  making 
such  contract,  and  without  the  consent  of  the  trustees,  abandon  said 
contract,  except  for  good  cause,  such  abandonment  shall  be  consid- 
ered sufficient  grounds  for  the  cancellation  of  said  teacher's  certifi- 
cate, and  the  same  may  be  canceled  upon  the  complaint  of  said  trus- 
tees or  either  of  them;  provided,  that  before  any  certificate  shall  be 
canceled  the  holder  thereof  shall  be  notified,  and  shall  have  an  op- 
portunity to  be  heard,  and  he  shall  have  the  right  of  appeal  from 
such  decision  to  the  State  Superintendent,  and  to  the  State  Board 
of  Education;  provided,  that  when  the  State  Superintendent  shall 
have  canceled  the  certificate  the  appeal  shall  be  to  the  State  Board 
of  Education.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  127.] 

Note. — The  charges  and  evidence  against  the  teacher  must  be  submitted  in 
writing,  under  oath,  and  in  duplicate,  that  he  may  be  furnished  a  copy  of 
the  same. 

See  also  Section  43. 

SEC.  102.  Alteration  of  Certificates;  Penalty. — Any  person  who 
shall  unlawfully  and  wilfully  raise,  change,  or  alter  any  teacher's 
certificate,  or  diploma  or  other  instrument  having  the  force  of  a 
teacher's  certificate  shall  be  deemed  guilty  of  forgery  and  shall  be  pun- 
ished by  confinement  in  the  penitentiary  for  a  term  of  not  less  than 
two  nor  more  than  seven  years.  [Art.  540  (a),  Penal  Code.] 

Note.— See  Dudley  v.  State,  58  S.  W.,  111. 

COMMON    SCHOOL    DISTRICTS. 

SEC.  103.  Establishment  of  Districts — It  shall  be  the  duty  of  the 
county  commissioners'  courts  of  all  organized  counties,  not  already 


COMMON  SCHOOL  DISTRICTS  43 

subdivided,  to  subdivide  their  respective  counties  into  convenient 
school  districts  by  the  first  day  of  September,  1909,  and  any  county 
hereafter  organized  shall  be  so  subdivided  before  the  beginning  of 
the  next  ensuing  school  year  after  its  organization;  provided,  that 
no  district  shall  hereafter  be  created  having  an  area  of  less  than  six- 
teen square  miles,  and  not  more  than  one  school  for  white  children 
and  one  school  for  colored  children  shall  be  established  for  each 
sixteen  square  miles  of*  territory  or  major  fraction  thereof  within 
such  districts;  provided,  the  county  commissioners'  court  may  re- 
duce the  area  of  any  common  school  district  and  create  such  addi- 
tional school  districts  as  may  be  necessary  for  the  best  interests  of 
the  school  children;  provided^  that  no  school  districts  shall  be  re- 
duced to  contain  less  than  nine  square  miles  of  territory,  and  no 
new  district  shall  hereafter  be  created  having  a  less  area  than  nine 
square  miles;  and  provided  further,  that  the  area  of  school  districts 
having  an  outstanding  bonded  indebtedness  shall  never  be  reduced 
until  after  such  bonded  indebtedness  shall  have  been  fully  discharged. 

The  commissioners'  court  shall  designate  said  school  districts  by 
numbers;  provided,  that  all  school  districts  in  this  State  heretofore 
laid  out  and  attempted  to  be  established  by  the  proper  officers  of 
any  county,  and  heretofore  recognized  by  said  county  authorities 
as  school  districts  of  said  county,  are  hereby  validated  in  all  respects 
as  though  they  had  been  duly  and  legally  established  in  the  first  in- 
stance. [Acts  of  29th  Leg.,  Chap.  124,  Sec.  50,  as  amended  by  Acts 
of  31st  Leg.,  Chap.  12.] 

SEC.  104.  Commissioners'  Court  May  Change  District  Lines. — It 
shall  be  the  duty  of  the  commissioners'  court,  at  any  time  they  deem 
necessary,  to  redistrict  a  part  or  all  of  said  county,  and  they  may  at 
any  time  consolidate  two  or  more  adjacent  school  districts,  or  may 
subdivide  any  school  district  or  districts.  *  *  *  The  commis- 
sioners' court  of  any  organized  county  to  which  any  unorganized 
county  is  attached  for  judicial  purposes,  may,  and  upon  the  written 
petition  of  not  less  than  ten  resident  citizens  of  such  unorganized 
county,  shall  create  such  unorganized  county  into  one  or  more  school 
districts,  and  shall  cause  an  order  to  that  effect  to  be  entered  upon 
the  minutes  of  said  court.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  51.] 

Note. — Porter  v.  State,  78  Texas  Reports,  591  (14  Southwestern  Re- 
porter, 794.)  Reynolds  v.  McCabe,  72  Texas  Reports,  57.  Stephens  v.  Buie, 
23  Civil  Appeals  Reports,  491. 

SEC.  105.  Court  Shall  Give  Metes  and  Bounds  of  Each  District. — 
School  districts  shall  be  so  made  as  to  be  as  convenient  as  possible  to 
the  scholastic  population,  and  said  courts  shall  give  the  metes  and 
bounds  of  each  district,  and  shall  designate  the  same  carefully  by 
giving  the  whole  surveys  and  parts  of  surveys  with  acreage  of  whole 
surveys  and  approximate  acreage  of  parts  of  surveys  in  each  district, 
and  the  county  clerk  shall  carefully  record  the  same;  and  each  dis- 
trict shall  be  given  a  number,  which  number  shall  be  painted  in  large 
letters  or  figures  over  the  doors  of  the  'schoolhouses,  said  signs  to  be 
provided  by  the  district  trustees  of  each  district.  [Acts  of  29th  Leg 
Chap.  124,  Sec.  53.] 


44  SCHOOL  LAWS  OF  TEXAS. 

COMMON    SCHOOL   DISTRICTS —LOCAL    TAX. 

SEC.  106.  Special  Tax  Authorized. — The  commissioners'  court  of 
any  county  in  this  State  shall  have  power  to  levy  a  special  tax  for 
the  further  maintenance  of  public  free  schools  and  the  erection 
within  each  school  district  of  a  schoolhouse  or  schoolhouses ;  provided, 
a  majority  of  the  qualified  property  taxpaying  voters  of  the  district 
voting  at  an  election  to  be  held  for  the  purpose  shall  vote  such  tax, 
not  to  exceed  in  any  year  50  cents  on  the  $100  valuation  of  the  prop- 
erty subject  to  taxation  in  such  district;  provided,  that  all  property 
assessed  for  school  purposes  shall  be  assessed  at  the  rate  of  value  of 
property  as  said  property  is  assessed  for  State  and  county  purpose. 
[Act  of  29th  Leg.,  Chap.  124,  See.  57,  as  amended  by  Acts  of  31st 
Leg.,  Chap.  12.] 

SEC.  107.  Petition  for  Tax  Election. — Whenever  twenty  or  more, 
or  a  majority  of  the  property  taxpaying  voters  of  a  district,  wish  to 
tax  themselves  for  the  purpose  of  supplementing  the  State  school 
fund  appropriated  to  said  district,  they  shall  make  application  to  the 
county  judge,  who  shall  issue  an  order  for  an  election  to  be  held  in 
said  district  to  determine  whether  such  tax  shall  be  levied.  Said 
application  shall  designate  either  the  specific  rate  of  tax  to  be  levied, 
or  a  rate  of  tax  not  exceeding  50  cents  on  the  $100  valuation  of  prop- 
erty, and  the  orders  of  said  judge  shall  state: 

1.  When  said  election  shall  be  held. 

2.  At  what  point  or  points  the  polls  shall  be  opened. 

3.  The  rate  of  tax  to  be  voted  on ;  provided,  that  no  election  shall 
be  held  to  determine  the  levy  of  a  tax  exceeding  50  cents  on  the  $100 
valuation  of  property,  but  the  proposition  may  be  for  a  specific  tax 
rate  within  this  limit  or  "for  a  school  tax  not  exceeding  50  cents  on 
the  $100  valuation  of  taxable  property  in  the  district. " 

The  -county  judge  shall  order  the  sheriff  to  give  notice  of  such 
election  by  posting  three  notices  in  the  district  for  three  weeks  before 
the  election,  and  the  sheriff  shall  obey  such  order.  Not  more  than  one 
such  election  shall  be  held  in  the  same  scholastic  year.  [Acts  of  29th 
Leg.,  Chap.  124,  Sec.  58,  as  amended  by  Acts  of  31st  Leg.,  Chap.  12.] 

SEC.  108.  Presiding  Officer;  Ballots. — The  county  judge  shall  ap- 
point a  presiding  officer  for  each  voting, place  to  hold  said  election, 
who  shall  make  due  return  thereof  as  is  required  by  law  for  holding 
a  general  election,  and  each  person  who  favors  taxation  for  school 
purposes  shall  have  written  or  printed  on  his  ticket,  "For  School 
Tax/'  and  each  person  opposed  to  such  taxation  shall  have  written 
or  printed  on  his  ticket,  "Against  School  Tax."  The  ballots  shall 
be  prepared  by  the  county  judge,  and  the  county  shall  bear  the  ex- 
pense of  having  them  printed.  [Acts  of  29th  Leg.,  Chap.  124,  Sec. 
59,  as  amended  by  Acts  of  31st  Leg.,  Chap  12.] 

SEC.  109.  Hours  of  Election. — All  polls  for  school  district  elec- 
tions shall  be  opened  at  8  o'clock  a.  m.,  and  shall  be  closed  at  6  o'clock 
p.  m.,  and  none  of  the  officers  holding  such  election  shall  be  entitled 
to  compensation  therefor.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  60, 
as  amended  by  Acts  of  31st  Leg.,  Chap.  12.] 


COMMON  SCHOOL  DISTRICTS — LOCAL  TAX.  45 

SEC.  110.  Who  Entitled  to  Vote.- — All  persons  who  are  legally 
qualified  voters  of  this  State  and  of  the  county  of  their  residence, 
and  who  are  resident  property  taxpayers  in  said  district,  shall  be  en- 
titled to  vote  in  such  school  district  election;  and  if  at  such  election 
a  majority  shall  vote  for  the  tax  it  shall  be  declared  by  the  commis- 
sioners' court  to  have  carried  in  said  district,  and  entered  upon  the 
records  of  said  court  to  have  been  carried,  and  in  all  cases  the 
returning  officer  shall  make  a  full  and  complete  return,  as  in  other 
elections,  to  said  court 'within  five  days  after  said  election  is  held, 
and  said  return  shall  be  opened  and  counted  at  the  first  meeting  of 
said  court,  and  the  result  declared.  [Acts  of  29th  Leg.,  Chap.  124, 
Sec.  61,  as  amended  by  Acts  of  31st  Leg.,  Chap.  12.] 

SEC.  111.  Challenge  of  Voter. — Any  one  person  may  challenge  a 
voter,  but  if  the  challenged  party  takes  an  oath  that  he  is  a  qualified 
voter  of  the  State  and  county,  and  that  he  is  a  resident  property  tax- 
payer in  said  district,  he  shall  be  entitled  to  vote.  [Acts  of  29th 
Leg.,  Chap.  124,  Sec.  62.] 

SEC.  112.  Election  to  Abrogate,  Increase  or  Diminish  Tax. — At 
any  time  after  the  expiration  of  two  years  after  any  district  has 
levied  a  school  tax  on  itself,  twenty  property  taxpaying  qualified 
voters,  or  a  majority  of  such  voters  of  the  district  may  have  an  elec- 
tion held  upon  the  proper  petition  to  the  commissioners'  court,  to 
determine  whether  such  tax  shall  be  abrogated,  increased  or  dimin- 
ished. Such  election  shall  be  held  and.  conducted  as  elections  pro- 
vided for  in  section  59  [108]  of  this  act,  and  persons  entitled  to 
vote  at  such  elections  shall  possess  the  qualifications  prescribed  in 
section  61  [110]  of  this  act.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  63.] 

SEC.  113.  Form  of  Ballot. — If  the  election  be  to  abrogate  or 
diminish  the  school  tax,  each  voter  favoring  the  abrogation  or 
diminution  shall  have  written  or  printed  upon  his  ticket,  "For  abro- 
gating school  tax,"  or  "For  diminishing  school  tax  to  — cents, "  as 
the  case  may  be ;  and  each  voter  opposing  the  abrogation  or  diminu- 
tion shall  have  written  or  printed  on  his  ballot,  "Against  abrogating 
school  tax,"  or  "Against  diminishing  school  tax  to  — cents,"  as  the 
case  may  be,  and  a  majority  vote  shall  be  necessary  to  abrogate  or 
diminish  the  school  tax.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  64.] 

SEC.  114.  Form  of  Ballot  for  Increase. — If  the  election  be  to  deter- 
mine whether  the  tax  shall  be  increased,  each  voter  favoring  the  in- 
crease of  the  school  tax  shall  have  written  or  printed  on  his  ballot, 
*  *  For  increase  of  school  tax, ' '  and  each  voter  opposing  such  increase 
shall  have  written  or  printed  on  his  ballot,  "Against  increase  of 
school  tax,"  and  if  a  majority  of  the  votes  cast  be  in  favor  of  in- 
creasing the  tax,  it  shall  be  increased.  [Acts  of  29th  Leg.,  Chap. 
124,  Sec.  65,  as  amended  by  Acts  of  31st  Leg.,  Chap.  12.] 

SEC.  115.  Levy  of  Tax. — The  county  commission ers'  court  shall 
at  the  time  of  levying  the  taxes  for  county  purposes  also  levy 
upon  such  school  district  the  rate  of  tax  said  district  has  voted  upon 
itself,  or,  if  the  proposition  shall  have  been  for  a  school  tax  not  ex- 
ceeding 50  cents  on  the  $100  valuation  of  taxable  property  in  the 
district,  the  commissioners'  court  shall  levy  such  a  rate  within  that 


46  SCHOOL  LAWS  OF  TEXAS. 

limit  as  shall  have  been  determined  by  the,  board  of  trustees  of  said 
district  and  the  county  superintendent  and  certified  to  said  court 
by  the  county  superintendent.  It  shall  be  the  duty  of  the  tax 
assessor  to  assess  said  tax  as  other  taxes  are  assessed,  and  to  make  an 
abstract  showing  the  amount  of  special  taxes  assessed  against  each 
school  district  in  his  county,  and  to  furnish  the  same  to  the  county 
superintendent,  on  or  before  the  first  day  of  September  of  the  year 
for  which  such  taxes  are  assessed ;  and  the  taxes  levied  upon  the  real 
property  in  said  districts  shall  be  a  lien  thereon,  and  the  same  shall 
be  sold  for  unpaid  taxes  in  the  manner  and  at  the  time  of  sale  for 
State  and  county  taxes  are  assessed  and  collected.  A  special  tax 
voted  in  any  district  after  the  levy  of  county  taxes  shall  be  levied  at 
any  meeting  of  the  commissioners'  court  prior  to  the  delivery  of  the 
assessment  rolls  by  the  assessor.  The  tax  assessor  shall  assess,  and 
the  tax  collector  shall  collect  said  district  taxes  as  other  taxes.  The  tax 
assessor  shall  receive  a  commission  of  one-half  of  one  per  cent  for 
assessing  such  tax,  and  the  tax  collector  a  commission  of  one-half  of 
one  per  cent  for  collecting  the  same.  The  tax  collector  shall  pay  all 
such  taxes  to  the  county  treasurer  [depository],  and  said  treasurer 
shall  credit  each  school  district  with  the  amount  belonging  to  it,  and 
pay  out  the  same  in  accordance  with  the  law.  [Acts  of  29th  Leg., 
-Chap.  124,  Sec.  66,  as  amended  by  Acts  of  31st  Leg.,  Chap.  12.] 

Note. — It  is  the  duty  of  the  tax  assessor  to  make  a  separate  tax  roll  for 
each  school  district.  See  Rhomberg  v.  McLaren,  21  S.  W.,  571. 

The  commission  of  the  tax  assessor  for  assessing  the  district  tax  is  one-half 
^of  one  per  cent  of  the  amount  of  taxes  assessed,  not  one-half  of  one  per  cent 
of  the  valuation  of  the  property  assessed.  See  McDonald  v.  Farmer,  23  Civ. 
App.,  39;  56  S.  W.,  555.  The  collector's  commission  is  one-half  of  one  per 
cent  of  his  actual  collections. 

The  tax  assessor  and  tax  collector  should  make  out  their  accounts  against 
the  common  school  district.  The  warrants  must  be  signed  by  the  district 
trustees  and  approved  by  the  county  superintendent.  See  Sections  44  and  136. 
Where  should  money  on  deposit  in  a  bank  be  rendered?  See  75  T,  R.,  476, 
also  69  S.  W.,  76. 

COMMON    SCHOOL   DISTRICTS — BONDS. 

$EC.  116.  Election  for  Issuance  of  Bonds. — When  twenty  or  more, 
or  a  majority  of  the  qualified  taxpaying  voters  of  a  school  district 
shall  petition  the  county  judge,  he  shall  order  an  election  in  the 
school  district  from  which  the  petition  came,  to  determine  whether 
or  not  a  majority  of  the  legally  qualified  property  taxpaying  voters  of 
that  district  desire  the  issuance  of  bonds  as  indicated  in  the  petition 
and  the  annual  levy  of  a  tax  sufficient  to  pay  the  current  interest  on 
said  bonds  and  provide  a  sinking  fund  sufficient  to  pay  the  principal 
at  maturity.  Said  election  shall  be  ordered  held,  and  the  returns 
counted  and  published  as  in  other  school  elections  in  accordance  with 
the  laws  of  this  State,  and  it  shall  not  be  necessary  to  vote  upon  a 
specific  rate  of  tax,  but  the  rate  shall  be  determined  as  provided  in 
Section  78  [120]  of  this  Act.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  76, 
as  amended  by  Acts  of  31st  Leg.,  Chap.  12.] 

SEC.  117.     Ballots. — Whenever  the  county  judge  in  any  county  in 
the  State  of  Texas  shall  have  found  it  lawful  and  necessary  to  order 


COMMON  SCHOOL  DISTRICTS — BONDS.  47 

an  election  for  schoolhouse  bonds,  as  provided  herein,  said  county 
judge  shall  prepare  proper  ballots  for  use  in  said  school  district  elec- 
tion, and  the  county  shall  bear  the  expense  of  having  such  ballots 
printed,  and  each  person  who  favors  the  issuance  of  bonds  and  the 
levy  of  a  tax  therefor  shall  have  written  or  printed  on  his  ballot, 
"For  the  bonds, "~ and  each  person  opposed  to  such  taxation  shall 
have  written  or  printed  on  his  ballot,  "Against  the  bonds."  [Acts 
of  29th  Leg.,  Chap.  124,  Sec.  80,  as  amended  by  Acts  of  31st  Leg., 
Chap.  12.] 

SEC.  118.  Issuance  and  Sale  of  Bonds. — If,  after  the  results-oiL 
said  election  are  known,  it  shall  appear  that  a  majority  of  the  votes 
therein  have  been  cast  in  favor  of  the  issuing  of  schoolhouse  bonds, 
the  commissioners'  court  of  the  county  in  which  said  school  district  is 
located  shall  issue  said  bonds  on  the  faith  and  credit  of  said  school 
district,  which  bonds  shall  bear  not  more  than  5  per  cent  interest  per 
annum,  and  shall  run  not  more  than  forty  years ;  provided  that  when 
the  houses  are  to  be  built  of  wood  the  time  of  the  bonds  herein  provided 
for  shall  not  be  more  than  twenty  years.  The  said  bonds  shall  be 
examined  by  the  Attorney  General  of  the  State  of  Texas  and  reg- 
istered by  the  Comptroller  of  Public  Accounts  of  the  State  of  Texas. 
They  shall  be  sold  to  the  highest  bidder  and  the  purchase  money 
shall  be  placed  in  the  county  treasury  [depository]  to  the  credit  of 
said  school  district,  and  the  money  shall  be  disbursed  upon  warrants 
issued  by  the  trustees  of  said  district,  approved  by  the  county  su- 
perintendent, in  payment  of  accounts  legally  contracted  in  buying, 
building,  equipping  or  repairing  the  schoolhouse  or  schoolhouses  for 
such  district,  or  in  the  purchase  of  sites  therefor;  provided,  that  the 
commissioners'  court  may  invest  the  county  permanent  school  fund 
in  such  school  district  schoolhouse  bonds,  and  the  State.  Board  of 
Education  shall  have  the  right  to  purchase  such  bonds  on  the  same 
conditions  as  it  may  purchase  other  bonds.  [Acts  of  29th  Leg.,  Chap. 
124,  Sec.  77,  as  amended  by  Acts  of  31st  Leg.,  Chap.  12.] 

Note. — See  Section  16. 

Note. — Common  school  district  schoolhouse  bonds  may  be  purchased  as 
investments  for  sinking  funds.  See  Section  167. 

SEC.  119.  Form  of  Bond. — The  said  school  district  schoolhouse 
bonds  shall  express  on  their  face  the  State  of  Texas,  the  name  of  the 
county,  and  the  number  or  corporation  name  of  the  district  issuing 
said  bonds;  provided,  that  the  bonds  shall  not  run  more  than  forty 
years  and  shall  bear  not  more  than  5  per  cent  interest  per  annum, 
and  shall  never  be  sold  below  par.  It  shall  be  the  duty  of  the  State 
Superintendent  of  Public  Instruction  to  prepare  as  many  as  three 
sets  of  plans  for  public  school  buildings,  the  said  plans  being  designed 
to  meet  the  needs  of  rural  schools  of  various  sizes,  and  upon  request 
of  the  trustees  of  any  school  district  shall  furnish  copies  of  such 
plans  and  specifications.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  81,  as 
amended  by  Acts  of  31st  Leg.,  Chap.  12.] 

$EC.  120.  Levy  of  Bond  Tax. — When  the  commissioners'  court 
shall  provide  for  the  issuance  of  such  bonds,  and  each  year  there- 


48  SCHOOL  LAWS  OF  TEXAS. 

after  so  long  as  the  bonds  or  any  of  them  are  outstanding,  said  court 
shall  levy  a  tax  not  to  exceed  twenty-five  cents  on  the  $100  valuation 
of  taxable  property  of  said  school  district,  sufficient  to  pay  the  inter- 
est on  the  bonds  and  to  produce  a  sinking  fund,  which,  together  with 
the  interest  thereon  when  placed  at  interest,  shall  be  sufficient  to  pay 
the  principal  of  said  bonds  at  maturity.  The  rate  of  such  tax  shall 
be  determined  by  the  trustees  of  the  district  and  the  county  super- 
intendent and  certified  by  the  county  superintendent  to  the  commis- 
sioners '  court ;  provided,  that  the  rate  of  the  bond  tax,  together  with 
the  rate  of  special  local  tax  of  the  district  for  the  maintenance  of 
schools  therein  shall  never  exceed  fifty  cents  on  the  $100  valuation 
of  taxable  property  of  said  school  district,  but  if  the  rate  of  bond  tax 
certified  by  the  county  superintendent  to  the  commissioners  court, 
together  with  the  rate  of  maintenance  tax  previously  voted  in  the 
district  shall  at  any  time  exceed  fifty  cents  on  the  $100,  such  bond 
tax  shall  operate  to  reduce  the  maintenance  tax  to  the  difference  be- 
tween the  rate  of  the  bond  tax  and  fifty  cents.  Said  school  district 
bond  tax  shall  be  assessed  and  collected  in  the  manner  provided  by 
law  for  the  assessment  and  collection  of  the  special  local  tax  for  the 
maintenance  of  public  free  schools;  provided,  that  the  rate  of  school 
tax  certified  to  the  commissioners  court  by  the  county  superintend- 
ent shall  be  the  rate  to  be  levied  by  the  commissioners  court  in  the 
school  district  until  a  change  in  such  rate  shall  be  recommended  by 
the  county  superintendent  and  board  of  trustees  of  the  district  within 
the  limits  prescribed  by  law.  [Acts  of  29th  Leg.,  Chap.  124,  Sec. 
78,  as  amended  by  Acts  of  31st  Leg.,  Chap.  12.] 

SEC.  121.  Tax  Must  Be  Levied  Until  Bonds  Are  Paid. — After  said 
bonds  shall  have  been  issued  and  sold  and  said  tax  shall  have  been 
levied  sufficient  to  pay  said  bonds  and  the  interest  thereon  as  pro- 
vided above,  it  shall  not  be  lawful  to  hold  an  election  in  said  district 
to  determine  whether  or  not  said  tax  shall  be  discontinued  or  lowered 
until  said  bonds,  together  with  the  interest  thereon,  shall  have  been 
fully  paid;  nor  shall  the  limits  and  boundaries  of  said  common 
school  district  ever  be  decreased  until  after  said  bonds  and  the  ac- 
crued interest  thereon  shall  have  been  fully  paid.  [Acts  of  29th  Leg., 
Chap.  124,  Sec.  79.] 

SEC.  122.  Expenditure  of  Receipts  From  Sale  of  Bonds. — The 
funds  arising  from  the  sale  of  said  common  school  district  bonds  of 
any  district  and  placed  to  the  credit  of  said  district  in  the  treasury 
of  said  county,  shall  be  apportioned  to  the  use  of  the  public  free 
schools  of  said  district  for  the  purpose  of  building  and  equipping 
school  houses,  in  accordance  with  the  method  and  manner  provided 
by  law  for  the  division  of  the  funds  for  the  maintenance  of  public 
free  school  therein.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  82.] 

COMMON  SCHOOL  DISTRICTS — HOUSES. 

SEC.  123.  Trustees  to  Contract  for  Building. — The  trustees  of  such 
school  district  shall  contract  for  the  erection  of  such  building  and 
superintend  the  construction  of  the  same,  and  the  county  super- 
intendent shall  draw  his  warrant  or  warrants  upon  the  school  fund 
so  appropriated  only  upon  the  accounts  first  approved  by  them. 
[Acts  of  29th  Leg.,  Chap.  124,  Sec,  84.] 


COMMON  SCHOOL  DISTRICTS. — PROPERTY.  49 

SEC.  124.  Lien  May  Not  Be  Acquired. — No  mechanic,  contractor, 
material  man,  or  other  person  can  contract  for  or  in  any  other  man- 
ner have  or  acquire  any  lien  upon  the  house  so  erected  or  the  land 
upon  which  the  same  is  situated,  and  all  contracts  with  such  parties 
shall  expressly  stipulate  for  a  waiver  of  such  lien.  [Acts  of  29th 
Leg.,  Chap.  124,  Sec.  85.] 

SEC.  125.  Sale  of  School  Property. — The  trustees  of  any  school 
district,  upon  the  order  of  the  commissioners  court,  prescribing  the 
terms  thereof,  when  deemed  advisable,  may  make  sale  of  any  prop- 
erty belonging  to  said  school  district,  and  apply  the  proceeds  torthe 
purchase  of  necessary  grounds  or  to  the  building  or  repairing  of 
schoolhouses,  or  place  the  proceeds  to  the  credit  of  the  available 
school  fund  of  the  district.  Acts  of  29th  Leg.,  Chap.  124,  Sec.  86.] 

Note. — Concerning  title  of  property  in  common  school  districts,  see  Sec.  129. 

SEC.  126.  Control  of  School  Property. — All  schoolhouses  erected, 
grounds  purchased  or  leased  for  a  school  district,  and  all  other  prop- 
erty belonging  thereto,  shall  be  under  the  control  of  the  district  trus- 
tees of  such  district.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  87.] 

SEC.  127.  Unlawful  to  Loiter  on  School  Grounds. — It  shall  be  un- 
lawful for  any  person  or  persons  to  loiter  or  loaf  upon  any  public 
school  grounds  in  this  State  during  the  session  of  such  school,  after 
being  warned  by  the  person  in  charge  of  such  school  to  leave  such 
grounds,  and  such  person  or  persons  so  found  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  therefor .  shall  be  fined  in  any  sum 
not  less  than  five  and  not  to  exceed  twenty-five  dollars.  [Acts  of  29th 
Leg.,  Chap.  124,  Sec.  70.] 

SEC.  128.  Protection  of  Houses  of  Respective  Races. — A  school- 
house  constructed  in  part  by  voluntary  subscriptions  by  colored  par- 
ents or  guardians,  and  for  a  school  for  colored  children,  shall  not  be 
used  for  white  children  without  the  consent  of  the  trustees  of  the 
district,  and  a  like  rule  shall  protect  the  use  of  school  houses  erected 
in  part  by  voluntary  subscriptions  of  white  parents  or  guardians  for 
the  benefit  of  white  children.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  88.] 

SEC.  129.  Title  to  Property. — All  conveyances,  devises  and  be- 
quests of  property  for  the  benefit  of  the  public  schools  made  by  one 
for  any  county,  city,  town  or  district  shall,  when  not  otherwise  di- 
rected by  the  grantor  or  devisor,  vest  said  property  in  the  county 
judge  of  the  county,  or  the  board  of  school  trustees  of  the  city  or 
town,  or  the  trustees  of  the  school  district,  or  their  successors  in  office, 
as  the  trustees  for  those  to  be  benefited  thereby,  and  the  same,  when 
not  otherwise  directed,  shall  be  administered  by  said  officers  under 
such  rules  as  may  be  established  by  the  State  Superintendent.  [Acts 
of  29th  Leg.,  Chap.  124,  Sec.  132.] 

COMMON   SCHOOL   DISTRICTS — TRUSTEES. 

SEC.  130.  Election  and  Qualification. — On  the  first  Saturday  in 
April  of  each  year  the  qualified  voters  of  each  school  district  [created 
during  the  preceding  year]  ;  at  a  school  district  meeting  for  that  pur- 
pose, shall  elect  three  trustees  for  said  district,  who  shall  enter  upon 
the  discharge  of  their  duties  on  the  first  of  May  next  following.  They 


50  SCHOOL  LAWS  OF  TEXAS. 

shall  immediately  thereafter  organize  by  electing  one  of  their  num- 
ber president  and  one  secretary  of  the  board  of  trustees.  The  terms 
of  office  of  said  trustees  shall  be  divided  into  two  classes,  and  they 
shall  draw  for  the  different  classes;  the  one  drawing  number  one 
shall  serve  for  one  year,  and  those  drawing  numbers  two  and  three 
shall  serve  for  two  years,  and  until  their  successors  shall  have  been 
elected  or  appointed  and  shall  have  qualified.  On  the  first  Saturday 
in  April  of  each  year  thereafter  there  shall  be  an  election  in  each 
school  district  for  the  election  of  a  trustee  or  trustees,  as  the  case 
may  be,  and  the  trustee  or  trustees  so  elected  shall  serve  for  two 
years  and  until  his  or  their  successor  or  successors  shall  have  been 
elected  or  appointed  and  shall  have  been  qualified.  The  trustees  so 
elected  or  appointed  shall,  before  entering  upon  the  discharge  of  their 
duties,  qualify  by  taking  the  oath  as  provided  by  the  Constitution, 
and  shall  as  soon  as  practicable  file  said  oath  with  the  county  super- 
intendent or  county  judge ;  provided,  that  nothing  herein  shall  inter- 
fere with  the  term  of  office  of  trustees  already  chosen  in  accordance 
with  provisions  of  the  law.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  67.] 

Note. — The  county  judge  should  order  the  election  of  trustees  for  the 
several  common  school  districts,  and  give  at  least  thirty  days'  notice  of 
the  election.  See  Section  33,  Chapter  11,  Acts  First  Called  Session  of  Twenty- 
ninth  Legislature. 

A  school  trustee  is  a  county  officer.  (Hendricks  v.  State,  20  T.  C.  A.,  178; 
49  S.  W.,  705.) 

SEC.  131.  County  Superintendent  to  Fill  Vacancies. — The  commis- 
sioners court  shall,  appoint  three  persons,  qualified  voters  of  the 
district,  to  hold  such  election,  who  shall  make  returns  thereof  to  the 
county  judge  within  five  days  after  such  election  shall  have  been  held ; 
and  if  no  election  be  held,  or  if  a  vacancy  occur  in  the  board  of  trus- 
tees by  death  or  otherwise,  the  county  superintendent  shall  at  once 
appoint  a  trustee  or  trustees,  as  may  be  necessary,  for  the  full  or  un- 
expired  term.  If,  at  the  time  and  place  for  holding  such  election, 
any  or  all  of  the  persons  so  appointed  to  hold  such  election  are  absent 
or  refuse  to  act,  then  the  electors  present  may  select  of  their  number 
a  person  or  persons  to  act  in  the  place  of  those  absent  or  refusing  to 
act.  No  person  shall  be  eligible  to  serve  as  a  school  trustee  who  can 
not  read  and  write,  and  has  not  been  a  resident  of  the  school  district 
for  six  months  prior  to  election  held  for  trustees.  [Acts  of  29th  Leg., 
Chap.  124,  Sec.  68.] 

Note. — When  a  trustee  moves  his  legal  residence  from  the  district  in  which 
he  was  serving,  as  trustee,  his  office  becomes  vacant  (see  Section  14,  Article 
16  of  the  State  Constitution),  and  the  county  superintendent  should  appoint 
a  successor. 

SEC.  132.  Returns  of  Election.—*  *  *  The  returns  of  the  elec- 
tion of  the  trustees  to  be  elected,  as  hereinbefore  provided  for  the  con- 
trol and  management  of  the  schools  of  the  district,  shall  be  made  to 
the  county  clerk  of  the  county  where  such  election  is  held,  who  shall 
deliver  the  same  to  the  commissioners  court  to  be  canvassed  and 
the  result  declared  as  in  cases  of  other  elections,  which  commission- 
ers court  shall  issue  to  the  persons  so  elected  their  commissions  as 


COMMON  SCHOOL  DISTRICTS — TRUSTEE.  51 

such  trustees.     [Acts  of  29th  Leg.,  Chap.  124,  Sec.  93,  as  amended 
by  Acts  of  30th  Leg.,  Chap.  106.] 

N0te. — In  case  of  a  tie  vote  for  two  or  more  persons  to  fill  one  position  on 
the  board  of  trustees,  another  election  should  be  held  to  elect  a  person  to  fill 
this  position.  See  Article  1805,  Revised  Statutes. 

The  county  clerk  should  sign  the  trustee's  commission  on  behalf  of  the 
commissioners  court  and  impress  thereon  the  seal  of  said  court.  The  oath  of 
office,  which  must  be  subscribed  before  the  commission  can  be  issued,  the 
clerk  should  deliver  to  the  county  superintendent.  See  Section  130. 

SEC.  133.  Suit  for  Removal  of  Trustee. — White  and  colored  chil- 
dren shall  not  be  taught  in  the  same  schools,  but  impartial  provision 
shall  be  made  for  both  races.  Three  trustees  shall  in  all  cases  be 
elected  for  the  control  and  management  of  the  schools  of  the  district. 
Provided,  the  trustees  elected  must  be  able  to  read  and  write  intelli- 
gently the  English  language,  and  read,  comprehend  and  interpret 
the  laws  of  the  State  of  Texas  relating  to  the  public  school  system; 
and  in  the  event  a  trustee  elected,  in  the  opinion  of  the  county  super- 
intendent, or  the  county  judge  who  is  ex-officio  county  superintendent, 
is  not  qualified  to  serve  under  the  provisions  of  this  act,  it  shall 
be  the  duty  of  the  county  superintendent,  or  such  county 
judge  who  is  ex  officio  county  superintendent,  to  refuse  to  recognize 
such  person  who  has  been  so  elected  as  such  school  trustee,  and  to 
make  written  request  within  twenty  days  after  such  election  of  the 
county  attorney  or  district  attorney  in  case  there  be  no  county  attor- 
ney, to  institute  and  prosecute  with  dispatch  such  suit,  in  the  name 
of  the  State  of  Texas,  for  the  removal  of  such  trustee  or  in  the  dis- 
trict court  of  the  county  where  such  trustee  resides,  at  the  option  of 
the  county  attorney  or  district  attorney  in  case  there  be  no  county 
attorney;  provided,  it  shall  be  lawful  under  the  provisions  of  this 
act,  upon  good  cause  shown  within  the  discretion  of  the  court,  where 
such  suit  is  pending,  to  enjoin  and  restrain  such  person  from  acting 
as  such  trustee  during  the  pendency  of  such  suit  for  his  removal. 
It  shall  be  lawful  under  the  provisions  of  this  act  to  summon  such 
trustee  so  elected,  before  the  court  in  the  trial  of  such  cause,  and 
there  make  examination  of  him,  as  to  his  qualifications  to  serve  as 
such  trustee  as  defined  by  this  act,  and  in  case  such  trustee,  after  hav- 
ing been  duly  cited  to  answer  in  said  cause  and  summoned  as  herein 
above  provided  to  appear  for  examination,  shall  fail,  neglect  or  refuse 
to  obey  said  summons,  and  fail  to  appear  for  the  purpose  of  exami- 
nation, and  fail  or  refuse  to  submit  to  such  examination,  such  failure, 
neglect  or  refusal  shall  be  prima  facie  evidence  of  his  disqualification 
under  the  terms  of  this  act,  and  because  thereof  the  court  trying  such 
cause  shall  be  authorized  to  render  thereupon  judgment  by  default 
against  such  trustee  so  defaulting,  removing  him  from  his  said  office 
of  school  trustee  and  declaring  the  same  vacant.  It  shall  be  the  duty 
of  the  commissioners  court  of  the  county  where  such  trustee  has  been 
elected,  to  appoint  some  suitable  person  who  is  qualified  as  herein 
defined,  to  act  as  such  trustee  during  the  pendency  of  each  suit  to 
remove  such  trustee  so  elected,  if  he  shall  be  enjoined  from  sb  act- 
ing, and  in  case  such  trustee  so  elected  shall  be  so  removed  by  such 
suit  brought  by  the  county  attorney  or  district  attorney  in  case 


52  SCHOOL  LAWS  OP  TEXAS. 

there  be  no  county  attorney,  then  such  trustee  so  appointed  by  the 
commissioners  court  of  said  county  shall  continue  to  serve  until  the 
next  regular  election  of  school  trustees  for  such  district;  provided, 
however,  that  such  trustee  so  appointed  may  be  removed  for  the 
causes  and  in  the  manner  provided  by  this  section.  In  case  of 
vacancy  in  said  office  of  trustee,  by  resignation  or  otherwise,  the 
commisioners  court  of  the  county  shall  appoint  a  suitable  person 
qualified  under  the  provisions  of  this  act,  to  so  act  as  such  trustee 
until  the  next  regular  election  of  school  trustees  for  such  district; 
and  in  case  such  commissioners  court  under  the  provisions  hereof 
shall  appoint  some  person  not  qualified,  suit  for  his  removal  shall 
be  brought  by  the  county  attorney  or  district  attorney  in  case  there 
be  no  county  attorney,  of  the  State  in  the  name  of  the  State  of 
Texas,  in  the  manner  and  upon  the  same  terms  and  conditions  as 
have  been  herein  provided  for  in  case  of  the  election  of  persons  who 
are  not  qualified  to  act  as  such  trustees.  *  *  *  [Acts  of  29th 
Leg.,  Chap.  124,  Sec.  93,  as  amended  by  Chap.  106,  Acts  of  30th 
Leg.]  • 

Note. — If  no  eelction  be  held,  or  if  a  vacancy  occur  in  the  board  of  trus- 
tees from  any  cause,  except  in  case  of  suit  to  remove  trustee  as  provided  in 
this  section,  the  county  superintendent  shall  at  once  appoint  a  trustee  for 
the  full  or  unexpired  term.  See  Section  131. 

SEC.  134.  District  Trustees  a  Body  Corporate. — The  trustees  of 
school  districts  provided  for  in  the  preceding  articles  of  this  chap- 
ter, and  their  successors  in  office,  shall  be  a  body  politic  and  cor- 
porate in  law,  and  shall  be  known  by  and  under  the  title  and  name 

of  district  trustees  of  district  number  — ,   and  county  of  , 

State  of  Texas,  and  as  such  may  contract  and  be  contracted  with, 
sue  and  be  sued,  plead  or  be  impleaded  in  any  court  of  this  State 
of  proper  jurisdiction,  and  may  receive  any  gift,  grant,  donation 
or  devise  made  for  the  use  of  the  public  schools  of  the  district.  All 
reports  and  other  official  papers  shall  be  headed  with  the  number 
of  district  and  name  of  county.  [Acts  of  29th  Leg.,  Chap.  124, 
Sec.  69.] 

Note. — Acting  individually,  the  members  of  the  board  have  no  power  to 
bind  the  district.  They  may  act  in  their  official  capacity  only  when  convened 
as  a  board,  and  any  contract  made  or  act  done  by  them  when  not  thus  con- 
vened, unless  afterwards  approved  and  confirmed  when  legally  in  session, 
may  be  held  invalid.  See  American  and  English  Encyclopedia  of  Law,  Vol- 
ume XXV,  pages  56  and  57.  Meetings  of  the  trustees  should  be  held  at  least 
once  a  month  during  the  school  sessions. 

Note. — See  Section  129. 

SEC,  135.  Shall  Have  Management  and  Control  of  Schools. — The 
trustees  of  school  districts  shall  have  the  management  and  control 
of  the  public  schools;  they  shall  have  the  power  to  employ  and  dis- 
miss teachers,  but  in  cases  of  dismissal,  teachers  shall  have  the  right 
of  appeal  to  the  county  and  State  superintendents.  [Acts  of  29th 
Leg.,  Chap.  124,  Sec.  70.] 

Note. — The  anti-nepotism  law  of  the  Thirty-first  Legislature  prohibits 
the  employment  of  a  teacher  who  is  related  by  affinity  within  the  second 
degree  or  consanguinity  within  the  third  degree  to  any  member  of  the 
board  of  school  trustees. 


COMMON  SCHOOL  DISTRICTS — TRUSTEE.  53 

Note. — Contracts  between  teachers  and  trustees  should  show  specific- 
ally and  definitely  the  monthly  salary  to  be  paid  each  teacher  and  the 
number  of  months  the  school  or  schools  will  be  taught.  See  Section  137. 
The  trustees  and  the  teachers  should  know  the  amount  of  money  avail- 
able for  the  school  year'  covered  by  the  contract.  If  there  should  be  a 
mistake  in  the  estimation  of  the  amount  of  funds  available  for  the  year 
the  school  or  schools  must  be  closed  when. the  funds  are  exhausted,  and 
the  trustees  would  not  be  liable  for  the  teachers'  salaries  under  the  con- 
tracts beyond  the  time  or  term  which  the  money  actually  available  would 
run  the  school  or  schools;  but  if  the  trustees  should  expend  the  money 
for  school  supplies  or  for  anything  else,  using  so  much  of  their  available 
fund  as  to  leave  an  insufficient  amount  to  comply  with  their  part  oL_the 
contracts,  they  might  be  held  personally  liable.  See  Watkins  v.  Huff, 
63  S.  W.,  922;  Stephenson  v.  Union  Seating  Company,  62  S.  W.,  128; 
Wilson  v.  Kite,  54  S.  W.,  726. 

Note. — If  a  teacher  be  dismissed,  the  trustees  should  furnish  such 
teacher  a  written  statement  setting  forth  the  reasons  for  their  action.  If 
the  teacher  wishes  to  appeal  from  the  action  of  the  board  of  trustees, 
the  case  should  be  brought  at  once  before  the  county  superintendent, 
who  must  decide  according  to  the  law  and  the  evidence  submitted.  From 
the  county  superintendent  appeal  may  be  taken  to  the  county  school  trus- 
tees. If  from  their  decision  an  appeal  is  made  to  the  State  Superintend- 
ent by  the  teacher  or  by  the  board  of  trustees,  an  agreed  statement  of 
facts  must  be  forwarded,  together  with  the  decision  of  the  county  su- 
perintendent and  county  school  trustees,  to  the  State  Superintendent.  See 
Section  24  and  note  thereunder. 

Consult  Harkness  v.  Hutcherson,  90  Texas,  383;  38  S.  W.,  1120;  and 
Moreland  v.  Wynne,  62  S.  W.,  1093. 

Note. — On  account  of  smallpox,  the  public  schools  of  a  city  were  sus- 
pended and  a  teacher  was  notified  to  hold  herself  in  readiness  to  resume 
work.  The  court  held  she  was  entitled  to  her  salary  for  the  lost  time, 
although  the  suspension  lasted  three  months.  Randolph  v.  Sanders,  22 
Texas  Civ.  App.,  331;  54,  S.  W.,  621.  See  also  Singleton  v.  Austin,  65 
S.  W.,  686. 

SEC.  136.  Make  Contracts  for  the  District. — School  trustees  shall 
determine  how  many  schools  shall  be  maintained  in  their  respective 
school  districts,  and  at  what  points  they  shall  be  located ;  they  shall  de- 
termine when  the  schools  shall  be  opened  and  when  closed ;  they  shall 
contract  with  teachers  and  manage  and  supervise  the  schools,  subject  to 
the  rules  and  regulations  of  the  county  and  State  Superintendents; 
they  shall  approve  all  teachers'  vouchers,  and  all  other  claims  against 
the  school  fund  of  their  district ;  provided,  that  trustees  of  district  in 
making  contracts  with  teachers  shall  not  create  a  deficiency  debt 
against  the  district.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  71.] 

Note. — The  suit  is  brought  by  certain  patrons  of  a  public  school  to 
enjoin  the  school  trustees  from  changing  the  location  of  the  schoolhouse, 
and  erecting  a  new  school  building  at  a  different  locality  in  the  school 
district.  We  think  that  it  was  the  intention  of  the  school  laws  to  place 
such  matters  primarily  under  the  control  of  the  school  authorities,  sub- 
ject, of  course,  to  the  final  control  of  the  courts  in  a  proper  case.  The 
law  provides  for  an  appeal  from  the  action  of  the  school  trustees  first 
to  the  superintendent  of  public  education  and  from  his  decision  to  the 
State  Board  of  Education. — Caswell  vs.  Fundenberger,  105  Southwestern 
reporter,  1017. 

Note. — See  Section  103. 

Note. — This  section  does  not  authorize  trustees  to  divide  the  session 
of  the  school  into  two  or  more  short  terms.  The  school  should  be  taught 
continuously  from  beginning  to  close  of  session,  and  contract  with  teacher 
must  be  made  accordingly. 

Note. — A  school  district  being  a  public  corporation,  all  persons  dealing 
with  it  are  charged  with  knowledge  of  the  condition  of  its  finances.  In 


54  SCHOOL  LAWS  OF  TEXAS. 

issuing  a  voucher  the  trustees  must  designate  whether  the  amount  is  to 
be  paid  (a)  from  State  and  county  funds,  (b)  from  local  funds,  (c)  from 
proceeds  of  sale  of  bonds,  or  (d)  from  receipts  from  bond  tax.  See  Sec- 
tions 57  and  160  and  note  under  Section  58.  The  county  superintendent 
before  he  is  warranted  in  approving  any  voucher  must  know  (a)  that  it 
contemplates  a  legal  expenditure  of  the  fund  against  which  it  is  drawn 
and  (b)  that  there  is  sufficient  money  in  that  fund  to  the  credit  of  the 
district  for  the  current  scholastic  year,  available  for  the  purpose,  to  pay 
the  voucher.  A  board  of  trustees  can  not  make  contracts  for  the  expendi- 
ture of  more  money  than  the  receipts  for  the  current  year.  "The  term 
of  the  school  must  end  when  the  fund  apportioned  to  it  for  the  particular 
year  is  for  any  reason  exhausted." — Stephenson  v.  Union  Seating  Com- 
pany, 62  S.  W.,  128.  A  balance  may  be  carried  over  to  be  used  the  next 
year  (see  Section  56  herein),  but  an  indebtedness  can  not  be  legally 
created  against  the  funds  of  future  years  except  by  the  issuance  of  bonds. 
See  Collier  v.  Peacock,  54  S.  W.,  1025;  55  S.  W.,  756;  93  Texas,  255; 
Bank  of  Nocona  v.  March,  51  S.  W.,  266;  Andrews  v.  Curtis,  2  Civ.  App., 
678;  22  S.  W.,  72;  Clark  v.  School  Directors,  78  Illinois,  474. 

Note. — A  trustee  may  not  become  pecuniarily  interested  in  any  con- 
tract with  the  board.  See  Articles  264  and  266  of  the  Penal  Code,  and 
the  case  of  Rigby  v.  State,  27  Texas  Cr.  App.,  55. 

Articles  125  and  126  of  the  Penal  Code,  relating  to  bribery,  apply  to 
school  trustees.  * 

SEC.  137.  Contracts  With  Teachers.— Trustee  of  a  district  shall 
make  contracts  with  teachers  to  teach  the  public  schools  of  their  re- 
spective districts,  but  the  compensation  to  teachers  under  written  con- 
tract with  the  trustees  shall  be  approved  by  the  county  superintendent 
before  the  school  is  taught,  stating  that  the  teacher  will  teach  such 
school  for  the  time  and  money  specified  in  the  contract ;  and  the  board 
shall  have  authority,  whenever  the  average  daily  attendance  exceeds 
thirty-five  pupils,  to  employ  one  competent  assistant  to  every  thirty- 
five  pupils  of  such  excess,  and  fractional  part  thereof  exceeding  fifteen 
pupils ;  and  all  children  within  the  scholastic  age  residing  in  such  dis- 
trict, though  they  may  have  settled  in  such  district  since  the  scholastic 
census  was  taken,  shall  be  entitled  to  receive  all  the  benefits  of  the 
schools  of  such  district ;  and  in  districts  that  levy  a  special  school  tax 
the  trustees  shall  have  the  right  to  increase  the  salaries  of  teachers 
and  the  scholastic  age,  and  may  also  have  the  schools  taught  longer 
than  six  months  if  it  is  deemed  advisable.  [Acts  of  29th  Leg.,  Chap. 
124,  Sec.  72.] 

Note.— See  Singleton  v.  Austin,  65  S.  W.,  686. 

SEC.  138.  Check  for  Payment  of  Teacher. — The  amount  contracted 
by  trustees  to  be  paid  a  teacher  shall  be  paid  on  a  check,  drawn  by  a 
majority  of  the  trustees,  on  the  county  treasurer  [depository] ,  and  ap- 
proved by  the  county  superintendent.  The  check  shall  in  all  instances 
be  accompanied  by  the  affidavit  of  the  teacher  that  he  is  entitled  to 
the  amount  specified  in  the  check,  as  compensation  under  his  contract 
as  teacher.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  74.] 

Note. — The  oath  printed  on  the  back  of  each  teacher's  salary  voucher 
in  the  forms  furnished  by  the  State  Department  of  Education  is  in  con- 
formity with  a  decision  of  the  Court  of  Criminal  Appeals  holding  that 
this  section  of  the  law  requires  such  affidavit.  A  false  oath  by  the 
teacher  renders  him  guilty  of  perjury.  (Anderson  v.  State,  20  Cr. 
App.,  312.) 


COUNTY  SCHOOL  TRUSTEES  ;  SCHOOLS  AUTHORIZED.  55 

COUNTY  SCHOOL  TRUSTEES ;  HIGH  SCHOOLS  AUTHORIZED. 

SEC.  139.  Rural  High  Schools  Authorized. — [That]  Public  high 
schools  are  hereby  authorized  to  be  established  in  the  common  school 
districts  of  Texas,  said  high  schools  to  be  an  integral  part  of  the  public 
free  school  system  of  the  State.  [Acts  of  32nd  Leg.,  Chap.  26,  Sec.  1.] 

SEC.  140.  What  May  Be  Taught  in  These  Schools.—  [That]  There 
may  be  taught  in  each  high  school,  the  establishment  of  which  is  herein 
authorized,  all  the  subjects  prescribed  by  law  to  be  taught  in  the  pub- 
lic schools  of  Texas,  including  primary,  intermediate,  and  high  school 
subjects,  and  such  of  the  additional  subjects  of  agriculture,  domestic 
economy  and  manual  training  as  may  be  provided  for  according  to 
the  conditions  hereinafter  prescribed.  In  the  meaning  of  this  stat- 
ute, there  shall  be  high  schools  of  the  first  class,  high  schools  of  the 
second  class,  and  high  schools  of  the  third  class.  A  high  school  of 
the  first  class  shall  be  a  high  school  which  maintains  at  least  four 
years  or  grades  of  work  above  the  sixth  grade  or  year,  may  include 
in  its  curriculum  the  first  six  grades  or  years  of  work,  shall  employ 
at  least  two. teachers  to  teach  high  school  subjects,  who  shall  each 
hold  a  State  first-grade  certificate  or  certificate  of  higher  grade,  and 
shall  be  maintained  for  not  less  than  eight  scholastic  months  during 
each  school  year.  A  high  school  of  the  second  class  shall  be  a  high 
school  which  maintains  at  least  three  years  or  grades  of  work  above 
the  sixth  grade  or  year,  may  include  in  its  curriculum  the  first  six 
years  or  grades  of  work,  shall  employ  at  least  two  teachers  to  teach 
high  school  subjects,  who  shall  each  hold  a  State  first-grade  certifi- 
cate or  certificate  of  higher  grade,  and  shall  be  maintained  for  not 
less  than  eight  scholastic  months  during  each  school  year.  A  high 
school  of  the  third  class  shall  be  a  high  school  which  maintains  at 
least  two  years  or  grades  of  work  above  the  sixth  grade  or  year,  may 
include  in  its  curriculum  the  first  six  years  or  grades  of  work,  shall 
employ  at  least  one  teacher  to  teach  high  school  subjects,  who  shall 
hold  a  State  first-grade  certificate  or  certificate  of  higher  grade,  and 
shall  be  maintained  for  not  less  than  seven  scholastic  months  during 
each  school  year.  Each  class  of  high  schools  herein  defined  shall  be 
entitled  to  receive  a  certificate  of  approval  or  classification  from  the 
State  Department  of  Education.  High  schools  which  fail  to  come  up 
to  the  standard  herein  prescribed  as  to  teachers,  number  of  grades  or 
years  of  work  and  length  of  annual  session,  shall  not  be  prohibited 
by  this  act,  but  such  high  schools  shall  not  be  entitled  to  receive  a  cer- 
tificate of  approval  or  classification  from  the  State  Department  of 
Education.  A  grade  or  year  of  work  as  herein  mentioned  shall  con- 
sist of  not  less  than  thirty-two  weeks  of  five  days  each.  [Acts  32nd 
Leg.,  Chap.  26,  Sec.  2.] 

Note. — Tliis  section  of  the  law  authorizes  the  State  Department  of  Edu- 
cation to  classify  the  high  schools;  prescribes  the  minimum  requirements 
for  a  high  school  of  the  first  class,  a  high  school  of  the  second  class,  and  a 
high  school  of  the  third  class;  and  provides  for  the  issuance  of  certificates 
of  approval  by  the  State  Department  of  Education  to  the  high  schools  of 
each  class. 

Under  authority  vested  in  the  State  Superintendent  of  Public  Instruction 
by  Section  27,  Chapter  124,  Acts  of  the  29th  Legislature,  it  is  hereby  ruled 
that  a  high  school  of  the  first  class  shall  adequately  maintain  four  years 


56  SCHOOL  LAWS  OF  TEXAS. 

or  grades  of  high  school  work,  preferably  deluding  the  eighth,  ninth,  tenth, 
and  eleventh  years  or  grades,  and  shall  employ  not  fewer  than  three  (3) 
teachers,  each  of  whom  shall  hold  a  State  first  grade  certificate  or  certifi- 
cate of  higher  grade,  to  teach  high  school  subjects,  and  the  annual  session 
of  said  school  shall  be  not  less  than  eight  scholastic  months ;  that  a  high 
school  of  the  second  class  shall  adequately  maintain  three  years  or  grades 
of  high  school  instruction,  preferably  including  the  eighth,  ninth,  and  tenth 
years  or  grades,  shall  employ  not  fewer  than  two  teachers,  each  of  whom 
shall  hold  a  State  first  grade  certificate  or  certificate  of  higher  grade,  to 
teach  high  school  subjects,  and  the  annual  session  of  said  school  shall  be 
not  less  than  eight  scholastic  months;  that  a  high  school  of  the  third 
class  shall  adequately  maintain  at  least  two  years  or  grades  of  high  school 
work,  preferably  including  the  eighth  and  ninth  years  or  grades,  shall  em- 
ploy at  least  one  teacher,  who  shall  hold  a  State  first  grade  certificate  or 
certificate  of  higher  grade,  to  teach  high  school  subjects,  and  the  annual 
session  of  said  school  shall  be  not  less  than  seven  scholastic  months.  Each 
high  school  must,  of  course,  be  provided  with  a  good  house,  properly 
lighted,  heated  and  ventilated,  up-to-date  school  desks,  ample  grounds,  and 
adequate  equipment,  including  laboratories,  library,  and  necessary  apparatus. 
The  privilege  of  classification  and  approval  of  high  schools  by  the  State 
Department  of  Education  will  be  extended  to  such  high  schools  of  inde- 
pendent school  districts  as  may  desire  to  take  advantage  of  the  law  in  this 
respect.  In  order  that  the  work  of  approval  shall  be  done  intelligently 
and  without  violence  to  approved  standards,  an  application-  form  will  be 
prescribed  for  use  by  high  school  authorities  and  county  superintendents 
who  desire  to  have  their  high  schools  approved  by  the  State  Department 
of  Education,  and  a  plan  will  be  devised  for  the  annual  inspection  of  the 
work  of  each  approved  high  school. 

SEC.  141.  State  Aid.— It  shall  be  the  duty  of  the  State  Board  of 
Education  to  duplicate  by  an  appropriation  out  of  money  provided 
for  by  this  Act  an  amount  not  less  than  five  hundred  ($500.00)  dol- 
lars, nor  more  than  fifteen  hundred  ($1,500.00)  dollars,  that  shall 
have  been  set  apart  by  the  trustees  of  a  public  high  school  of  the  first 
class  or  of  the  second  class,  the  establishment  of  which  is  herein  au- 
thorized, or  any  such  high  school  that  has  already  been  established 
in  either  a  common  school  district  or  an  independent  district,  for  es- 
tablishing, equipping  and  maintaining  a  department  of  agriculture; 
an  amount  of  not  less  than  five  hundred  ($500.00)  dollars,  nor  more 
than  one  thousand  dollars  ($1,000),  that  shall  have  been  set  apart  by 
the  trustees  of  any  such  high  school  for  establishing,  equipping  and 
maintaining  a  department  of  domestic  economy;  and  an  amount  of 
not  less  than  five  hundred  ($500.00)  dollars,  nor  more  than  one  thou- 
sand ($1,000.00)  dollars  that  shall  have  been  set  apart  by  the  trus- 
tees of  any  such  high  school  for  establishing,  equipping  and  main- 
taining a  department  of  manual  training ;  an  amount  of  not  less  than 
five  hundred  ($500.00)  dollars,  nor  more  than  one  thousand 
($1,000.00)  dollars  that  shall  have  been  set  apart  by  the  trustees  of 
a  public  high  school  of  the  third  class  in  a  common  school  district  for 
establishing,  equipping  and  maintaining  a  department  of  agricul- 
ture; provided,  that  not  more  than  two  thousand  ($2,000.00)  dollars 
shall  be  appropriated  by  the  State  Board  of  Education  for  the  pur- 
pose mentioned  to  any  one  high  school  during  the  same  scholastic 
year;  and  provided  further,  that  such  appropriation  shall  not  be 
made  more  than  twice  to  the  same  school.  The  board  of  trustees  of 
the  high  school  applying  for  State  aid  for  establishing,  equipping 
and  maintaining  a  department  of  agriculture,  domestic  economy  or 
manual  training  shall  provide  ample  room  and  laboratories  for  the 


COUNTY  SCHOOL  TRUSTEES;  SCHOOLS  AUTHORIZED.  57 

teaching  of  each  subject  or  subjects,  and  in  connection  with  the  de- 
partment of  agriculture  in  the  high  school,  shall  provide  a  tract  of 
land,  conveniently  located,  which  shall  be  sufficiently  large  and  well 
adapted  to  the  production  of  farin/and  garden  plants,  and  shall  em- 
ploy a  teacher  who  has  receivedXpecial  training  for  giving  efficient 
instruction  in  the  subject.  The'State  Superintendent  of  Public  In-, 
struction  shall  make  accurate  and  full  investigation  of  -the  school 
property,  appliances  and  ground  possessed  by  any  board  of  trustees 
that  may  apply  for  State  aid  under  the  provisions  of  this  Act,  and 
shall  make  a  report  of  the  result  of  his  investigation  to  the  State 
Board  of  Education,  together  with  his  recommendations  touching  the 
same.  The  State  Board  of  Education  shall  grant  aid  to  those  hierh 
schools  that  have  complied  with  the  provisions  of  this  Act,  that'  shall 
give  evidence  that,  after  the  State  aid  is  withdrawn,  the  high  schools 
will  continue  to  maintain  the  department  for  instruction  in  agricul- 
ture, domestic  economy,  or  manual  training,  and  that  have  been  rec- 
ommended by  the  State  Superintendent  of  Public  Instruction.  [Acts 
of  32nd  Leg.,  Chap.  26,  Sec.  3.] 

Note. — No  high  school  will  be  granted  State  aid  for  agriculture  unless  it 
possesses  by  proper  deed  at  least  three  acres  of  land  suitable  for  farm  ana 
garden  plants.  The  usual  requirements  of  laboratories  and  other  equipment 
and  thoroughly  prepared  teachers  for  these  special  subjects  must  be  met. 
An  application  form  has  been  prepared  by  the  State  Department  of  Edu- 
cation for  use  by  boards  of  school  trustees  in  applying  for  State  aid  under 
this  section  of  the  law,  which  will  be  sent  upon  request. 

SEC.  142.  County  School  Trustees. — The  general  management  and 
control  of  the  high  schools  in  each  county  of  the  State,  provided  for 
in  this  Act,  shall  be  vested  in  five  county  school  trustees,  elected  from 
the  county  at  large,  at  the  time  the  trustees  of  the  common  school 
districts  are  elected,  the  first  Saturday  in  April  of  each  year,  the 
order  for  their  election  to  be  made  at  the  same  time  and  by  the 
same  authority  that  orders  the  election  of  the  trustees  of  the  common 
school  districts.  The  first  election  under  this  act  shall  be  held  on 
the  first  Saturday  in  April  subsequent  to  the  taking  effect  of  this 
act,  at  which  election  five  county  school  trustees  shall  be  chosen,  who 
shall  decide  by  lot  at  their  first  meeting  which  two  shall  hold  office 
for  one  year,  and  which  three  shall  hold  office  for  two  years,  and  two 
of  whom  shall  hold  office  for  one  year,  or  until  their  successors  are 
elected  and  qualified,  and  three  of  whom  shall  hold  office  for  two 
years,  or  until  their  successors  are  elected  and  qualified;  and  regu- 
larly thereafter  on  the  first  Saturday  in  April  of  each  year  an  elec- 
tion shall  be  held  for  such  county  school  trustees,  two  being  elected 
at  the  expiration  of  the  term  of  those  first  holding  for  one  year,  and 
three  being  elected  at  the  expiration  of  [the  term  of]  those  first  hold- 
ing for  two  years;  provided,  if  this  Act  does  not  take  effect  prior  to 
the  first  Saturday  in  April,  1911,  the  county  school  trustees  herein 
provided  for  shall  be  appointed  by  the  commissioners'  court  of  each 
county,  to  serve  until  the  election  and  qualification  of  their  succes- 
sors in  1912.  [Acts  of  32nd  Leg.,  Chap.  26,  Sec.  4.] 

Note. — -This  section  vests  tfie  establishment,  organization,  and  general 
management  of  the  high  schools  of  common  school  districts  of  the  county 
in  five  county  school  trustees  (the  county  board  of  education).  The  im- 


58  SCHOOL  LAWS  OF  TEXAS. 

mediate  management  of  these  high  schools  manifested  in  such  work  as  sup- 
plying equipment,  electing  teachers,  etc.,  will  vest  in  the  district  school 
trustees.  The  commissioners  court  of  each  county  is  required,  as  early 
as  practicable  after  June  11,  1911, 'to  appoint  a  county  board  of  education. 
The  first  Saturday  in  April,  1912,  the  date  of  election  of  the  trustees  in 
common  school  districts,  will  also  be  the  date  of  the  election  by  the  peo- 
ple of  the  successors  of  the  members  of  the  county  board  of  education  ap- 
pointed by  the  commissioners  court  in  1911.  Each  county  school  trustee 
should  qualify  by  taking  the  oath  prescribed  by  the  Constitution  before  any 
one  authorized  to  administer  oaths,  and  should  file  said  oath  with  the  county 
clerk. 

SEC.  143.  Classification  of  Schools. — It  shall  be  the  duty  of  the 
county  school  trustees  to  classify  the  schools  of  the  county  into  pri- 
mary ^  schools,  intermediate  schools,  and  high  schools,  for  the  purpose 
of  promoting  the  efficiency  of  the  primary  and  intermediate  schools 
and  of  establishing  high  schools  wherever  practicable.  In  classify- 
ing the  schools  and  in  establishing  high  schools,  the  county  school 
trustees  shall  confer  and  advise  with  the  county  superintendent  of 
public  instruction  and  the  district  school  trustees  of  the  county,  and 
shall  give  due  regard  to  the  schools  already  located,  to  the  distribu- 
tion of  the  population  and  to  the  advancement  of  the  children  in 
their  studies.  The  said  county  school  trustees  shall,  in  co-operation 
with  the  county  superintendent  of  public  instruction,  prescribe  a 
course  of  study  for  the  public  schools  of  the  county  conforming  to 
the  law  and  the  requirements  of  the  State  Department  of  Education. 

Note. — This  section  of  the  law  requires  the  county  board  of  education  to 
classify  the  schools  of  the  common  school  districts  of  the  county,  and  should 
not  be  confused  with  the  approval  of  high  schools  by  the  State  Department 
of  Education. 

A  primary  school,  as  interpreted  by  the  State  Department  of  Education, 
is  a  school  in  which  may  be  taught  not  more  than  the  first  four  years  or 
grades  of  work;  that  is,  not  more  than  the  first,  second,  third,  and  fourth 
years  or  grades  of  work.  The  county  board  of  education  has  authority, 
however, '  to  designate  or  classify  a  public  school  as  a  primary  school  of 
four  grades,  a  primary  school  of  three  grades,  a  primary  school  of  two 
grades,  or  as  a  primary  school  of  one  grade,  and  to  limit  the  instruction  in 
such  school  accordingly. 

An  intermediate  school  is  a  school  which  may  offer  instruction  in  one  or 
more  of  the  grades  of  the  primary  school  and  may  also  offer  instruction  in 
the  fifth,  sixth,  and  seventh  years  or  grades,  but  shall  not  offer  instruction 
in  any  year  or  grade  in  advance  of  the  seventh  year  or  grade.  The  county 
board  of  education,  under  authority  of  law,  may  designate  or  classify  a 
public  school  as  an  intermediate  school  of  five  grades,  an  intermediate 
school  of  six  grades,  or  an  intermediate  school  of  seven  grades,  and  limit 
the  instruction  in  such  school  accordingly. 

A  high  school  is  a  school  which  may  offer  instruction  in  one  or  more 
of  the  grades  of  the  primary  and  intermediate  schools,  and  shall  also  offer 
instruction  in  one  or  more  years  or  grades  of  work  in  advance  of  the 
highest  year  or  grade  of  the  intermediate  school.  The  county  board  of 
education  has  authority  to  classify  or  designate  a  school  as  a  high  school 
offering  tme  year  of  high  school  instruction,  a  high  school  offering  two  years 
of  high  school  instruction,  a  high  school  offefing  three  years  of  high  school 
instruction,  or  a  high  school  offering  four  years  of  high  school  instruction, 
and  to  limit  the  instruction  in  such  school  accordingly.  The  four  years  or 
grades  in  which  the  high  school  instruction  should  be  offered  are  the  eighth, 
ninth,  tenth,  and  eleventh. 

SEC.  144.  Rights  and  Powers  of  County  Trustees. — All  rights  and 
powers  pertaining  to  the  public  free  schools  of  the  county  that  have 


COUNTY  SCHOOL  TRUSTEES  ;  SCHOOLS  AUTHORIZED.  59 

heretofore  been  vested  in  the  commissioners'  court  and  that  are  not 
prescribed  by  this  act,  shall  hereafter  be  vested  in  the  countly  school 
trustees.  In  determining  the  location  of  high  schools,  the  county 
school  trustees  shall,  by  and  with  the  consent  of  the  majority  of  the 
trustees  of  each  district  affected,  effect  the  consolidation  of  as  many 
common  school  districts  as  practicable,  and  shall  negotiate  with  the 
school  trustees  of  such  common  school  districts  as  have  no  high  schools 
for  the  free  tuition  of  eligible  children  in  the  high  schools,  thereby 
giving  high  school  privileges  and  opportunities,  so  far  as  possible, 
to  all  children  of  scholastic  age  residing  in  the  rural  districts.  The. 
county  school  trustees  are  also  empowered  to  negotiate  with  the 
trustees  of  independent  school  districts  that  have  high  schools  for 
the  free  tuition  of  eligible  children  who  reside  in  adjacent  or  con- 
venient common  school  districts  not  maintaining  high  schools.  [Acts 
of  32nd  Leg.,  Chap.  26,  Sec.  6.] 

Note. — 1.  This  section  vests  certain  authority  in  the  county  school 
trustees  (the  county  board  of  education)  but  the  Attorney  General's 
office  has  held,  and  rightly  so,  in  the  opinion  of  the  State  Department  of 
Education,  that  the  doing  of  the  following  things  not  being  mentioned 
in  the  title  of  the  act  and  not  being  essential  in  the  establishment  of 
high  schools  in  the  common  school  districts,  shall  continue  to  vest  in 
the  commissioners  court: 

1.  To  approve  the  reports  of  depositories  of  school  funds. 

2.  To   make   changes   in   the   boundaries   of  independent   school   dis- 
tricts. 

3.  To  make  sale  of  county  school  lands. 

4.  To  invest  the  county  permanent  school  fund. 

5.  To   levy  special   school   taxes,    and   to   issue   and   provide   for   the 
sale  of  common  school  district  schoolhouse  bonds. 

6.  To  order  the  election,  approve  the  bond,  and  pay  the  salary  of  the 
county  superintendent. 

7.  To  subdivide  the  county  into  school  districts  and  to  make  changes 
in  district  lines. 

Note  2. — This  section  definitely  authorizes  the  county  board  of  educa- 
tion, by  and  with  the  consent  of  a  majority  of  all  trustees  of  each  com- 
mon school  district  affected,  to  consolidate  any  number  of  common  school 
districts  in  determining  the  location  of  a  high  school.  In  accomplishing 
this  consolidation  for  the  purpose  of  establishing,  maintaining,  and  oper- 
ating a  high  school,  the  following  method  of  procedure  should  be  ob- 
served: The  board  of  trustees  of  each  common  school  district  at  inter- 
est should  hold  a  formal  meeting  and  officially  express  their  approval 
and  consent  to  the  consolidation  of  their  district  with  the  other  dis- 
tricts, a  record  of  the  proceedings  of  which  meeting  should  be  reduced 
to  writing  and  transmitted  to  the  county  superintendent  to  be  presented 
by  him  to  the  county  school  trustees  (the  county  board  of  education)  at 
the  proper  time.  The  county  school  trustees  at  one  of  their  official  meet- 
ings should  consider  the  matter  of  the  consolidation  of  the  said  dis- 
tricts for  high  school  purposes  and  take  such  action  as  appears  to  them 
to  be  wise  and  proper;  and  pass  an  order  which  should  be  entered  in 
the  record  by  the  county  superintendent,  containing  a  complete  state- 
ment of  the  action  of  the  board  of  trustees  of  each  of  the  common 
school  districts  affected  by  the  consolidation.  The  county  school  trus- 
tees should  then  proceed  to  establish,  by  the  adoption  of  a  resolution, 
such  consolidated  school  district,  giving  accurately  and  technically  the 
metes  and  bounds  of  the  .  territory  consolidated,  including  the  surveys 
and  parts  of  surveys  in  such  consolidated  district,  and  giving  the  num- 
ber of  acres  contained  in  each  survey  and  part  of  survey.  The  county 
school  trustees  should  have  made  a  plat  of  the  territory  of  the  con- 
solidated school  district  showing  the  surveys  and  parts  of  surveys,  and 
the  boundaries  of  such  district,  and  said  plat  should  be  filed  in  the 
office  of  the  county  superintendent  of  public  instruction  to  be  there 


60  SCHOOL  LAWS  OF  TEXAS. 

kept  as  a  permanent  record.  The  expense  of  surveying  the  territory 
and  of  making  the  plat,  being  county  business,  should  be  paid  by  the 
commissioners  court.  When  this  order  establishing  the  consolidated 
district  has  been  passed,  as  hereinbefore  indicated,  the  county  school 
trustees  should  transmit  a  copy  of  this  order  to  the  county  clerk  by  him 
to  be  presented  to  the  commissioners  court  to  be  adopted  and  ordered  re- 
corded in  the  minutes  of  said  commissioners  court.  This  section  of  the 
law  makes  practicable  the  consolidation  of  common  school  districts  for 
the  establishment  of  rural  high  schools,  and  gives  authority  to  the  county 
board  of  education  to  effect  such  consolidation.  The  approved  method 
of  procedure  provided  for  the  establishment  and  adequate  maintenance 
of  rural  high  schools  in  the  different  States  of  the  American  Union  is 
by  the  consolidation  of  small  school  districts  or  units  of  territory  into 
larger  districts  or  units  of  territory.  The  larger  district  or  unit  of  terri- 
tory is  necessary  in  order  to  provide  a  sufficient  number  of  educable  chil- 
dren for  a  high  school  and  a  tax-producing  unit  sufficiently  extensive  and 
valuable  to  serve  as  a  basis  in  securing  revenue  by  local  taxation  with 
which  to  supplement  the  State  and  county  school  funds,  and  to  thereby 
guarantee  an  adequate  financial  support  of  the  high  school.  Public  roads 
are  also  a  matter  for  consideration  in  determining  the  practicability  and 
wisdom  of  the  consolidation  of  school  districts.  It  is  true,  however,  that 
no  State  in  the  American  Union  is  making  more  rapid  progress  in  the 
improvement  of  its  public  roads  than  Texas,  and  in  many  counties  of  the 
State  at  present  both  the  topography  of  the  country  and  the  public  roads 
are  favorable  to  the  consolidation  of  districts  in  certain  portions  thereof. 
Heretofore  the  authority  and  the  responsibility  for  bringing  about  the 
consolidation  of  common  school  districts  for  the  establishment  and  main- 
tenance of  rural  high  schools  for  the  more  than  600,000  country  children 
of  Texas  have  not  been  definitely  fixed  on  any  official.  The  authority  is 
now  conferred,  the  responsibility  is  fixed,  and  the  opportunity  to  pro- 
ceed orderly  and  wisely  in  the  establishment  of  rural  high  schools  by  the 
consolidation  of  common  school  districts  in  many  of  the  counties  of  the 
State  may  be  utilized. 

FREE  TRANSPORTATION  OF  CHILDREN. 

The  State  Department  of  Education  has  heretofore  held,  and  now  holds, 
that  money  raised  by  local  school  tax,  may  be  used  in  defraying  the  ex- 
pense of  the  transportation  of  children  to  and  from  school  where  such 
children  live  at  too  great  distances  to  walk,  and  where  such  expenditure 
of  money  is  necessary  in  the  conduct  of  the  school,  as  determined  by  the 
district  school  trustees.  The  consolidation  of  school  districts  and  the 
transportation  of  children  to  and  from  school  at  public  expense  are  in  suc- 
cessful operation  at  this  time  in  thirty-two  States  of  the  American  Union; 
and  in  each  of  these  States  the  results,  universally  conceded,  from  the 
plan  are  better  schoolhouses  with  adequate  equipment,  larger  enrollment 
of  children,  more  regular  attendance,  elimination  of  tardiness,  protection 
of  health  and  morals  of  children  in  going  to  and  returning  from  school, 
better  gradation  of  schools,  longer  school  terms,  better  trained  teachers, 
and  a  decided  improvement  in  educational  sentiment,  all  without  any 
marked  increase  in  the  cost  of  school  maintenance.  The  county  board  of 
education  should,  therefore,  wherever  practicable,  with  the  co-operation  of 
the  district  school  trustees  and  the  county  superintendent,  consolidate 
school  districts  for  high  school  purposes  and  inaugurate  the  system  of 
free  transportation  of  children. 

CHILDREN  OF  DISTRICTS  WITHOUT   HIGH  SCHOOLS. 

Note  3. — This  section  of  the  law  also  authorizes  the  county  board  of 
education  to  arrange  or  negotiate  with  the  trustees  of  such  common  school 
districts  as  have  no  high  schools  for  the  free  tuition  of  high  school  chil- 
dren in  the  high  schools  of  the  common  school  districts  authorized  by  this 
act.  The  county  board  of  education  in  making  this  ariangement  with  the 
district  school  trustees  should  determine  an  equitable  amount  of  money 
due  the  district  maintaining  the  high  school  for  the  attendance  free  of 
charge  of  high  school  children  from  said  district.  After  said  arrangement 
or  negotiation  with  the  district  school  trustees,  it  shall  be  the  duty  of  the 
county  superintendent  to  debit  the  account  of  the  district  or  districts 


CHILDREN  OF  DISTRICTS  WITHOUT  HIGH  SCHOOLS.  61 

from  which  the  children  attend  with  the  amount  agreed  upon,  and  to 
credit  said  amount  to  the  account  of  the  high  school  in  which  district 
the  children  attend,  and  the  county  treasurer  or  school  depository  shall 
adjust  his  books  so,  that  they  will  agree  with  the  books  of  the  county 
superintendent.  This  negotiation  or  arrangement  may  be  entered  into 
and  carried  out  at  any  time  during  the  scholastic  year. 

The  county  school  trustees  (the  county  board  of  education)  is  also  em- 
powered to  negotiate  with  the  trustees  of  the  independent  school  district 
that  has  a  high  school  for  the  free  tuition  of  high  school  children,  upon  an 
equitable  basis,  who  reside  in  any  adjacent  or  convenient  common  school 
district  not  maintaining  a  high  school,  and  a  warrant  for  the  proper  amount 
issued  against  the  common  school  district  and  made  payable  to  the  treas- 
urer or  depository  of  the  independent  school  district  shall  be  drawn  and 
signed  at  any  time  during  the  year  by  the  common  school  district  trustees 
and  approved  by  the  county  superintendent,  thereby  carrying  out  the  agree- 
ment or  negotiation  made  by  the  county  school  trustees.  Under  a  wise 
administration  of  this  law  it  will  no  longer  be  necessary  in  any  common 
school  district  for  one  teacher  to  attempt  to  teach  all  the  classes  from  the 
first  grade  in  the  primary  department  up  to  and  including  the  subjects  of 
the  high  school.  The  matter  of  arranging  for  the  free  tuition  of  high  school 
children  who  reside  in  districts  not  maintaining  high  schools,  in  the  high 
schools  of  other  districts  is  one  of  vital  importance  in  the  improvement  of 
the  educational  opportunities  of  the  children  of  Texas,  and  the  county 
board  of  education,  acting  with  the  county  superintendent,  should,  as  far 
as  practicable,  provide  high  school  opportunities  for  all  high  school  chil- 
dren of  the  county,  which  at  the  same  time  will  result  in  giving  better  and 
more  efficient  instruction  and  training  to  the  children  below  the  high  school. 

SEC.  145.  County  School  Trustees  Constitute  Body  Corporate. — 
The  county  school  trustees  of  each  county  shall  constitute  a  body  cor- 
porate, by  the  name  of  the  county  school  trustees  of 

county,  State  of  Texas,  and  in  that  name  may  acquire  and  hold  real 
and  personal  property,  and  sue  and  be  sued,  and  may  receive  bequests 
and  donations  or  other  moneys  or  funds  coming  legally  into  their 
hands,  and  may  perform  other  acts  for  the  promotion  of  education 
in  the  county.  The  title  to  any  school  property  belonging  to  the 
county,  the  title  of  which  has  heretofore  been  vested  in  the  county 
judge  and  his  successors  in  office,  or  any  school  property  that  may 
be  acquired,  shall  vest  in  the  county  school  trustees  and  their  suc- 
cessors in  office  for  public  free  school  purposes.  [Acts  of  32nd  Leg., 
Chap.  26,  Sec.  7.] 

SEC.  146.  County  Superintendent  Shall  Act  as  Secretary. — The 
county  school  trustees  shall  designate  the  county  superintendent  as 
their  secretary  and  executive  officer;  and  it  shall  be  the  duty  of  the 
county  superintendent  to  keep  a  true  and  correct  record  of  all  the 
proceedings  of  said  county  school  trustees  in  a  well  bound  book, 
which  shall  be  open  to  public  inspection.  [Acts  of  32nd  Leg.,  Chap. 
26,  Sec.  8.] 

SEC.  147.  Apportionment  of  School  Funds. — Upon  receiving  no- 
tice from  the  State  Superintendent  of  Public  Instruction,  of  the 
amount  of  State  available  school  funds  apportioned  to  the  county, 
exclusive  of  all  independent  districts  having  each  more  than  150 
scholastics,  it  shall  be  the  duty  of  the  county  school  trustees,  acting 
with  the  county  superintendent,  to  apportion  all  available  State  and 
county  funds  to  the  school  districts  as  prescribed  by  law.  [Acts  of 
32nd  Leg.,  Chap.  26,  Sec.  9.] 

SEC.  148.  Appeals  Lie  to  County  Trustees. — All  appeals  from  the 
decisions  of  the  county  superintendent  of  public  instruction  shall  lie 


62  SCHOOL  LAWS  OF  TEXAS. 

to  the  county  school  trustees,  and  from  the  said  county  trustees  to  the 
State  Superintendent  of  Public  Instruction,  and  thence  to  the  State 
Board  of  Education.  [Acts  of  32nd  Leg.,  Chap.  26,  Sec.  10.] 

SEC.  149.  Time  of  Meeting  of  County  Trustees. — The  county 
school  trustees  shall  hold  meetings  on  each  quarter  on  the  first  Mon- 
day in  August,  in  November,  in  February,  and  in  May,  or  as  soon 
thereafter  as  practicable,  and  at  other  times  when  called  by  the  presi- 
dent of  the  board  of  trustees.  Each  county  school  trustee  shall  be 
paid  his  actual  expenses  incurred  in  attending  the  meetings  provided 
for  in  this  section,  such  payments  to  be  made  from  the  general  fund 
of  the  county,  by  warrants  drawn  on  order  of  the  commissioners' 
court  after  approval  of  itemized  accounts,  properly  sworn  to; 
provided,  that  no  member  shall  receive  more  than  three  ($3.00)  dol- 
lars per  day,  nor  more  than  twenty-four  ($24.00)  dollars  during  any 
scholastic  year.  [Acts  of  32nd  Leg.,  Chap.  26,  Sec.  11.] 

SEC.  150.  Qualifications  of  County  Trustees. — The  county  school 
trustees  shall  be  qualified  voters  and  freeholders  of  the  precinct  or 
county  from  which  they  are  elected.  They  shall  be  of  good  moral 
character,  able  to  read  and  speak  the  English  language,  shall  be  per- 
sons of  good  education  and  shall  be  in  sympathy  with  public  free 
schools.  Four  of  the  county  school  trustees  shall  each  reside  in  dif- 
ferent commissioners'  precincts,  and  a  majority  of  them  shall  reside 
in  common  school  districts.  Within  twenty  days  after  their  election 
and  qualification,  the  county  school  trustees  shall  meet  and  organize 
by  electing  one  of  their  number  president.  The  county  school  trus- 
tees shall  be  elected  and  shall  qualify  in  the  same  manner  as  other 
county  officers  are  elected  and  qualified.  [Acts  of  32nd  Leg.,  Chap. 
26,  Sec.  12.] 

SEC.  151.  Vacancies,  How  Filled. — All  vacancies  in  the  office  of 
county  school  trustees  shall  be  filled  by  election  by  the  remaining 
county  school  trustees.  Three  of  the  county  school  trustees  shall 
constitute  a  quorum,  and  all  questions  shall  be  decided  by  a  majority 
vote.  [Acts  of  32nd  Leg.,  Chap.  26,  Sec.  13.] 

SEC.  152.  Appropriation  For  State  Aid. — The  sum  of  fifty  thou- 
sand ($50,000)'  dollars,  or  such  part  thereof  as  is  necessary,  is  hereby 
appropriated  out  of  any  money  in  the  State  Treasury,  not  otherwise 
appropriated,  for  the  year  ending  August  31,  1912,  and  fifty  thou- 
sand ($50,000.00)  dollars,  or  such  part  thereof  as  is  necessary,  for 
the  year  ending  August  31,  1913,  for  the  purpose  of  carrying  out  the 
provisions  of  Section  3  of  this  Act,  the  expenditure  of  all  money  granted 
under  the  provisions  of  this  Act,  together  with  the  sum  furnished  by 
the  board  of  trustees  of  the  high  school  for  the  same  purpose,  shall  be 
itemized  and  reported  under  oath  to  the  State  Superintendent  of  Pub- 
lic Instruction  by  the  treasurers,  or  depositories,  of  the  board  of 
trustees  of  the  high  schools  receiving  aid  under  the  provisions  of  this 
Act.  [Acts  of  32nd  Leg.,  Chap.  26,  Sec.  14.] 

INDEPENDENT    DISTRICTS — CORPORATIONS    FOR    SCHOOL    PURPOSES    ONLY. 

SEC.  153.  Application  to  County  Judge  for  Elections. — At  any 
time  hereafter  it  shall  be  lawful  for  any  town  or  village  which  may 
desire  to  incorporate  for  school  purposes  only,  to  make  application  to 


CORPORATION  FOR  SCHOOL  PURPOSES  ONLY.  63 

the  county  judge  for  the  organization  of  an  independent  school  dis- 
trict as  provided  for  by  the  general  statutes  governing  such  cases, 
and  for  the  election  of  a  board  of  trustees,  as  provided  in  this  act, 
and  on  .receipt  of  such  application  it  shall  be  the  duty  of  the  county 
judge  to  proceed  as  required  in  Section  164  [197]  of  this  act.  [Acts 
of  29th  Leg.,  Chap.  124,  Sec.  172.] 

SEC.  154.  Incorporation. — Towns  and  villages  authorized  to  incor- 
porate onder  chapter  [eleven,  Title  XVIII,  R.  S.]  or  having  two 
hundred  inhabitants  or  over,  may  form  an  incorporation  for-  free 
school  purposes  only,  which  may  include  within  its  bounds  a  town  or 
village  incorporated  for  municipal  purposes,  the  same  not  having  as- 
sumed control  of  the  public  schools  within  its  limits;  provided,  that 
the  territory  so  incorporated  for  free  school  purposes  shall  not  ex- 
ceed an  area  of  twenty-five  square  miles;  provided,  that  said  corpo- 
ration shall  be  laid  out  in  a  square  as  near  as  it  is  practicable  with 
reference  to  the  location  of  the  school  building;  and  when  so  desir- 
ing, an  election  may  be  held  under  the  provisions  of  this  title  and 
chapter,  and  if,  at  such  election,  a  majority  of  the  votes  cast  be  in 
favor  of  the  incorporation,  it  shall  be  the  duty  of  the  county  judge 
to  make  return  thereof,  and  cause  a  record  of  the  result  of  such  elec- 
tion to  be  made,  the  same  as  provided  for  by  Articles  585  and  586, 
Revised  Statutes  of  Texas,  upon  which  entry  being  made,  such  town 
or  village  shall  be  regarded  as  duly  incorporated  for  the  purpose  of 
establishing  and  maintaining  free  schools  therein,  and  it  shall,  upon 
notice  to  the  State  Board  of  Education  by  the  board  of  trustees  here- 
inafter provided  for,  receive  such  pro  rata  share  of  the  available 
school  fund  as  its  scholastic  population  may  entitle  it  to;  and  pro- 
vided also,  that  all  school  incorporations  hereafter  formed  under  the 
provisions  of  this  act  shall  have  the  right  to  levy  and  collect  taxes 
and  issue  bonds  for  school  purposes,  the  same  as  school  incorpora- 
tions heretofore  formed. 

When  a  town  or  village  is  included  in  a  corporation  for  free  school 
purposes,  and  such  town  or  village  shall  afterwards  be  incorporated 
for  municipal  purposes,  it  shall  not  thereby  acquire  a  right  to  take 
the  control  of  the  schools  within  its  limits  out  of  the  hands  of  the 
school  corporation.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  149.] 

Note. — An  independent  district  of  this  kind  may  not  include  a  city  in- 
corporated under  the  provisions  of  Title  XVIII,  Chap.  1,  R.  S.;  State  v. 
Wofford,  39  S.  W.,  921. 

The  Legislature,  however,  by  special  act  may  create  a  corporation  for 
school  purposes  only,  which  shall  include  within  its  limits  a  city  incorpo- 
rated for  municipal  purposes.  State  v.  Brownson,  94  Texas,  436;  61  S.  W., 
114. 

The  formation  of  the  independent  district  abrogates  any  Jocal  tax  which 
may  have  been  previously  voted  on  the  territory  included  therein.  For  pro- 
cedure necessary  for  a  tax  in  the  independent  district,  see  Section  160. 

See  also  Articles  580  to  586,  Sayles'  Texas  Civil  Statutes,  and  Sections 
149  to  152  of  Chapter  124,  General  Laws  of  Twenty-ninth  Legislature. 

SEC.  155.  Board  of  Trustees. — Upon  the  entry  of  record,  as  pro- 
vided for  in  Section  149  [154]  of  this  act  it  shall  be  the  duty  of  the 
county  judge  to  forthwith  order  an  election  of  seven  school  trustees 


64  SCHOOL  LAWS  OP  TEXAS. 

for  such  town  or  village  so  incorporated  for  school  purposes,  who 
shall  be  elected  in  the  same  manner  and  at  the  same  time,  and  whose 
term  of  office  shall  be  the  same  as  that  of  trustees  of  [independent] 
districts.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  160.] 

SEC.  156.  Powers  of  the  Board. — The  trustees  elected  in  accord- 
ance with  the  preceding  section  shall  be  vested  with  the  full  manage- 
ment and  control  of  the  free  schools  of  such  incorporated  town  or 
village,  and  shall  in  general  be  vested  with  all  the  powers,  rights  and 
duties  in  regard  to  the  establishment  and  maintaining  of  free  schools, 
including  the  powers  and  manner  of  taxation  for  free  school  purposes, 
that  are  now  conferred  by  the  laws  of  this  State  upon  the  council  or 
board  of  aldermen  of  incorporated  cities  and  towns.  [Acts  of  29th 
Leg.,  Chap.  124,  Sec.  161.] 

Note. — See  Section  160. 

Note.— For  general  powers  and  duties  of  trustees,  see  Sections  195  to  208. 

SEC.  157.  Exclusive  Control. — All  such  towns  and  villages  shall 
have  exclusive  control  of  the  public  free  schools  within  their  limits. 
[Acts  of  29th  Leg.,  Chap.  124,  Sec.  152.] 

SEC.  158.  Districts  Validated. — Independent  school  districts  here- 
tofore organized  which  have  not  the  required  population  in  the  town 
proper,  but  have  such  population  in  the  whole  independent  district, 
shall  be  validated  by  this  Act.  [Acts  of  29th  Leg.,  Chap.  124,  Sec. 
150.] 

SEC.  159.  General  Laws  Apply  to  All  Districts. — All  school  dis- 
tricts heretofore  provided  for  by  special  act  of  the  Legislature  are 
hereby  placed  under  the  general  laws  relating  to  incorporated  school 
districts,  and  all  provisions  of  any  and  all  such  special  acts  in  con- 
flict with  -the  general  laws  are  hereby  specifically  repealed,  except 
in  so  far  as  those  acts  relate  to  the  boundaries  established  by  the 
acts  incorporating  such  districts.  *  *  *  [Acts  of  29th  Leg.,  Chap. 
124,  Sec.  154a,  added  by  Acts  of  31st  Leg.,  Chap.  12.] 

Note. — The  effect  of  this  provision  is  to  give  independent  districts  created 
by  special  acts  of  the  Legislature  prior  to  February  18,  1909,  the  taxing  pow- 
ers provided  in  Section  160  below. 

SCHOOL    CORPORATIONS TAXES  AND    BONDS. 

SEC.  160.  Local  Taxes.  Bonds. — Trustees  of  incorporated  dis- 
tricts that  have  been  or  may  hereafter  be  incorporated  under  general 
or  special  laws  for  school  purposes  only,  shall  have  power  to  levy 
and  collect  an  annual  ad  valorem  tax  not  to  exceed  50  cents  on  the 
$100  valuation  of  taxable  property  of  the  district  for  the  main- 
tenance of  schools  therein  and  a  tax  not  to  exceed  25  cents  on  the 
$100  for  the  purchase  of  sites  and  purchasing,  constructing,  repair- 
ing or  equipping  public  free  school  buildings  within  the  limits  of 
such  incorporated  districts;  provided,  that  the  amount  of  main- 
tenance tax,  together  with  the  amount  of  bond  tax  of  the  district, 
shall  never  exceed  50  cents  on  the  $100  valuation  of  taxable  prop- 
erty. Said  trustees  shall  have  power  to  issue  coupon  bonds  of  the 
district  for  building  purposes  to  be  made  payable  not  exceeding 


SCHOOL  CORPORATIONS — TAXES  AND  BONDS.  65 

forty  years  from  date,  in  such  sums  as  they  shall  deem  expedient, 
to  bear  interest  not  to  exceed  5  per  cent  per  annum;  provided,  that 
when  such  buildings  are  to  be  wooden,  the  bonds  herein  provided 
for  shall  not  run  for  a  longer  period  than  twenty  years;  provided, 
that  the  aggregate  amount  of  bonds  issued  for  the  above  named  pur- 
pose shall  never  reach  such  an  amount  that  the  tax  of  25  cents  on 
the  $100  valuation  of  property  in  the  district  will  not  pay  current 
interest  and  provide  a  sinking  fund  sufficient  to  pay  the  principal 
at  maturity;  and  provided  further,  that  no  such  tax  shall  be  levied 
and  no  bonds  issued  until  after  an  election  shall  have  been  held 
wherein  a  majority  of  the  taxpaying  voters  voting  at  said  election 
shall  have  voted  in  favor  of  the  levying  of  said  tax  or  the  issuance 
of  said  bonds,  or  both,  as  the  case  may  be;  provided,  that  the  specific 
rate  of  tax  need  not  be  determined  in  the  election.  [Acts  of  29th 
Leg.,  Chap.  124,  Sec.  154,  as  amended  by  Acts  of  31st  Leg.,  Chap.  12.] 

Note. — A  pamphlet  (Circular  47b)  containing  forms  of  petitions,  notices  of 
elections,  etc.,  for  use  in  school  corporations  will  be  furnished  by  the  State 
Department  of  Education  on  request. 

Note. — The  school  board  must  offer  the  bonds  to  the  State  Board  of  Edu- 
cation. See  Section  16. 

Note. — The  proceeds  of  the  local  tax  on  account  of  the  bond  issue  may  not 
be  used  for  any  purposes  whatever  except  the  payment  of  the  interest  on  the 
bonds  and  the  creation  of  a  sinking  fund  for  the  redemption  of  the  bonds  at 
maturity.  The  sinking  fund  may  be  invested  as  provided  in  Sections  166  and 
167,  but  the  expenditure  of  any  part  of  it,  including  the  interest  derived  there- 
on for  any  purpose  except  the  payment  of  the  principal  of  the  bonds,  would 
be  a  misapplication  of  funds,  and  the  treasurer  would  be  subject  to  criminal 
prosecution  under  Article  103  of  the  Penal  Code  and  would  also  be  liable  on 
his  official  bond  to  the  extent  of  the  funds  misappropriated. 

The  school  board  should  levy  each  year  only  such  a  rate  of  bond  tax  as 
will  pay  the  current  interest  on  the  bonds  and  provide  one  year's  sinking 
fund.  See  Article  912,  R.  S.,  and  Section  156  herein. 

SEC.  161.  Election  to  Be  Ordered  ~by  Trustees. — The  election  pro- 
vided for  in  the  preceding  article  may  be  ordered  by  the  trustees  on  the 
written  petition  of  at  least  twenty  taxpaying  voters  of  said  towns  or 
villages  at  any  time  not  less  than  thirty  days  from  the  date  of  the 
order,  which  order  shall  state  the  date  and  place  when  said  election 
shall  be  held,  the  amount  of  tax  to  be  levied,  or  the  amount  of  bonds 
to  be  issued,  as  the  case  may  be ;  and  the  trustees  shall  also  name  and 
appoint  therein  the  manager  or  managers  of  said  election,  which  shall 
be  held  as  nearly  as  may  be  possible  in  conformity  with  the  general 
election  law  of  the  State;  provided,  that  when  a  proposition  to  levy 
such  a  tax  shall  be  defeated,  no  election  for  that  purpose  shall  be  or- 
dered until  after  the  expiration  of  one  year.  [Acts  of  29th  Leg.,  Chap. 
124,  Sec.  157.] 

SEC.  162.  Notice  of  Election. — Public  notice  of  said  election  shall 
be  given  by  the  said  trustees  by  placing  notices  of  the  same  in  three 
different  portions  of  such  incorporated  district  at  least  twenty  [thirty] 
days  before  said  election,  which  notice  shall  state  the  time  and  place 
of  the  election,  and  the  amount  of  the  tax  to  be  levied  or  the  amount 
of  bonds  to  be  issued,  or  both,  as  the  case  may  be.  [Acts  of  29th  Leg., 
Chap,  124,  Sec.  158.] 

SEC.  163.     Who  May  Vote;  Ballots. — No  person  shall  vote  at  said 


66  SCHOOL  LAWS  OF  TEXAS. 

election  unless  he  be  a  qualified  voter  under  the  Constitution  and  laws 
of  this  State,  and  a  taxpayer  in  such  incorporated  district ;  and  those 
in  favor  of  the  levying  of  such  tax  or  the  issuance  of  such  bonds 
shall  write  or  print  upon  their  ballots,  "For  the  tax,"  and  those 
against  the  levying  of  such  tax  or  the  issuance  of  such  bonds  shall 
write  or  print  on  their  ballots,  " Against  the  tax;"  and  due  returns 
thereof  shall  be  made  to  said  trustees  within  ten  days,  and  the  re- 
sult thereof  shall  be  recorded  by  the  said  trustees  in  a  well  bound 
book  to  be  kept  for  that  purpose.  [Acts  of  29th  Leg.,  Chap.  124, 
Sec.  159.] 

Note. — If  the  election  be  on  the  question  of  issuing  bonds,  the  ballots  should 
read:  "For  the  Bonds  and  the  Tax,"  and  "Against  the  Bonds  and  the  Tax." 

SEC.  164.  Collection  of  Taxes. — The  assessor  and  collector  named 
herein  shall  have  the  same  power  and  shall  perform  the  same  duties 
with  reference  to  the  assessment  and  collection  of  taxes  for  free 
school  purposes  that  are  conferred  by  law  upon  the  city  marshal  of 
incorporated  towns  or  villages,  and  he  shall  receive  such  compensa- 
tion for  his  services  as  the  board  of  trustees  may  allow,  except  in 
cities  and  towns  above  provided  for,  not  to  exceed  four  per  cent  of 
the  whole  amount  of  taxes  received  by  him,  and  he  shall  give  bond  in 
double  the  estimated  amount  of  taxes  coming  annually  into  his 
hands,  payable  to  the  president  of  the  board  or  his  successors  in  office, 
conditioned  for  the  faithful  discharge  of  his  duties,  and  that  he  will 
pay  over  to  the  treasurer  of  the  board  all  the  funds  coming  into  his 
hands  by  virtue  of  his  office  as  such  assessor  and  collector;  provided, 
that  in  the  enforced  collection  of  taxes  -the  board  of  trustees  shall 
perform  the  duties  which  now  devolve  in  such  cases  upon  the  city 
council  of  an  incorporated  city  or  town;  the  president  of  the  board 
of  trustees  shall  perform  the  duties  which  devolve  in  such  cases  upon 
the  mayor  of  an  incorporated  city  or  town,  and  the  county  attorney 
of  the  county  in  which  the  independent  school  district  is  located  shall 
perform  the  duties  which  in  such  cases  devolve  upon  the  city  attor- 
ney of  an  incorporated  city  or  town  under  the  provisions  of  Chapter 
103,  General  Laws,  Regular  Session,'  Twenty-fifth  Legislature.  [Acts 
of  29th  Leg.,  Chap.  124,  Sec.  166.] 

Note. — See  Sections  202  and  191. 

For  law  governing  the  assessing  and  collecting  of  taxes  in  an  independent 
school  district,  see  Chapter  six,  title  eighteen,  Revised  Statutes  of  1895. 

The  school  board  in  an  independent  district  incorporated  for  schpol  pur- 
poses only  is  required  to  appoint  a  board  of  equalization  for  local  school 
taxes.  See  Section  156  and  Sections  499  to  515,  inclusive,  Revised  Statutes 
of  1895.  See  also  Chambers  et  al.  v.  Cook  et  al.f  132  Southwestern  Reporter. 

SEC.  165.  Assessment  and  Collection  of  Taxes  by  County  Officers. — 
*  *  *  "When  a  majority  of  the  board  of  trustees  of  an  independent 
school  district  prefer  to  have  the  taxes  of  their  district  assessed  and 
collected  by  the  county  assessor  and  collector,  same  shall  be  assessed 
and  collected  by  said  county  officers,  and  turned  over  to  the  treas- 
urer of  the  independent  school  district  for  which  such  taxes  have 
been  collected ;  provided,  that  the  property  of  such  districts  having 
their  taxes  assessed  and  collected  by  the  county  assessor  and  col- 
lector, shall  not  be  assessed  at  a  greater  value  than  that  assessed  for 


SCHOOL  CORPORATIONS — TAXES  AND  BONDS  67 

county  and  State  purposes.  Provided  further,  that  when  the  county 
assessor  and  county  collector  are  required  to  assess  and  collect  the 
taxes  of  independent  school  districts,  they  shall,  respectively,  receive 
one  per  cent  for  assessing  and  collecting  same.  *  *  *  [Acts  of 
29th  Leg.,  Chap.  124,  Sec.  165.] 

SEC.  166.  Trustees  Authorized  to  Invest  Sinking  Funds. — Trus- 
tees of  towns  or  villages  that  have  been  or  may  hereafter  be  incor- 
porated for  school  purposes  only,  that  have  issued  or  may  hereafter 
issue  bonds  under  the  provisions  of  this  chapter  may,  as  it  accumu- 
lates, invest  the  sinking  fund  or  funds  in  bonds  of  the  United  Statejs, 
of  the  State  of  Texas,  of  counties  of  this  State  or  in  bonds  of  cities 
and  towns  and  independent  school  districts  of  this  State  that  have 
been  approved  by  the  Attorney  General.  [Acts  of  29th  Leg.,  Chap. 
124,  Sec.  155.] 

SEC.  167.  Same. — The  commissioners'  court  of  any  county,  the 
city  council  of  any  incorporated  city  or  town,  and  the  board  of 
trustees  of  any  independent  school  district,  or  of  any  other  school 
district  or  school  community,  in  the  State  of  Texas,  be,  and  they 
hereby  are  authorized  and  empowered,  whenever  they  may  deem  it 
advisable,  to  invest  any  sinking  fund  or  sinking  funds  now  on  hand 
or  hereafter  acquired,  for  the  redemption  and  payment  of  any  out- 
standing bonds  of  such  county,  city  or  town,  or  independent  school 
district,  or  any  other  school  district  or  school  community,  in  bonds 
of  the  United  States,  of  the  State  of  Texas,  of  any  county  of  the 
State  of  Texas,  or  of  any  incorporated  city  or  town;  provided,  that 
no  such  bonds  shall  be  so  purchased  which,  according  to  their 
terms,  mature  at  a  date  subsequent  to  the  time  of  maturity  of  the 
bonds  for  the  payment  of  which  such  sinking  fund  was  created ;  and 
provided  further,  that  in  the  event  any  commissioners'  court,  city 
council  or  board  of  trustees  is  unable  to  purchase  any  securities  of 
the  character  above  mentioned  which  mature  at  a  date'  prior  to  the 
time  of  maturity  of  the  bonds  for  the  payment  of  which  such  sink- 
ing fund  was  created,  then  they  are  authorized  in  their  discretion  to 
invest  such  funds  in  the  bonds  of  any  independent  school  district, 
or  of  any  other  school  district  or  school  community  authorized  to  is- 
sue bonds,  under  the  same  restrictions  as  hereinbefore  mentioned. 
[Acts  of  29th  Leg.,  Chap.  21,  Sec.  1.] 

SEC.  168.  Refunding  Bonds. — Where  bonds  have  been  legally  is- 
sued or  may  be  hereafter  issued,  by  any  town  or  village  incorpo- 
rated for  free  school  purposes  only,  new  bonds  bearing  the  same,  or 
a  less  rate  of  interest,  may  be  issued  in  conformity  with  this  act,  in 
lieu  thereof;  provided,  no  election  shall  be  necessary  to  authorize 
the  issuance  of  such  new  bonds ;  and  provided  further,  that  the  State 
Treasurer  shall  upon  order  of  the  State  Board  of  Education  ex- 
change bonds  not  matured  held  by  him  for  the  permanent  school 
fund  for  the  new  refunding  bonds  issued  by  the  same  incorporation 
under  the  provisions  of  this  act,  in  case  the  rate  of  interest  on  the 
new  bonds  is  not  less  than  the  rate  of  interest  on  the  bonds  for  which 
they  are  thus  exchanged.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  156.] 


68  SCHOOL  LAWS  OF  TEXAS. 

SCHOOL  CORPORATIONS — CHANGE  OF  BOUNDARIES. 

SEC.  169.  Extension  of  Boundaries. — Whenever  the  territory 
heretofore  incorporated  or  which  may  hereafter  be  incorporated,  for 
free  school  purposes,  shall  contain  less  than  twenty-five  square  miles, 
and  thereafter  the  majority  of  the  inhabitants,  qualified  to  vote  for 
members  of  the  Legislature,  of  any  territory  adjoining  the  limits  of 
the  town  or  village  so  incorporated  shall  desire  such  territory  to  be 
added  to  and  become  a  part  of  such  incorporated  town  or  village  for 
free  school  purposes  only,  and  a  majority  of  such  qualified  voters 
sign  a  petition  to  that  effect,  any  three  of  such  qualified  voters  may 
file  with  the  board  of  trustees  of  such  incorporated  town  or  village 
the  said  petitoin,  making  affidavit  of  the  facts  set  forth  in  said  peti- 
tion, fully  describing  by  metes  and  bounds  the  territory  proposed 
to  be  annexed;  provided,  that  said  territory  proposed  to  be  added 
must  be  contiguous  to  one  line  of  said  corporation,  and  showing  its 
location  with  reference  to  the  existing  territory  of  the  town  or  vil- 
lage already  incorporated,  and  upon  filing  of  said  petition,  affidavits 
and  descriptions,  with  the  president  of  the  board  of  trustees,  it  shall 
be  his  duty  to  submit  the  same  to  the  board,  and  if  upon  investiga- 
tion by  the  board  it  is  found  that  the  proposed  addition  will  not  in- 
crease the  corporate  limits  so  that  the  whole,  when  thus  increased, 
will  exceed  twenty-five  square  miles,  then  the  said  board  of  trustees, 
by  resolution  duly  entered  upon  its  minutes,  may  receive  such  pro- 
posed territory  as  an  addition  to,  and  to  become  a  part  of,  the  cor- 
porate limits  of  such  town  or  village;  a  copy  of  which  resolution, 
containing  a  description  of  the  added  territory  shall  be  filed  for  rec- 
ord in  the  county  clerk's  office  of  the  county  in  which  said  town  or 
village  is  situated,  after  which  the  territory  so  received  shall  be  a 
part  of  said  incorporated  town  or  village,  and  the  inhabitants  thereof 
shall  thenceforth  be  entitled  to  all  the  rights  and  privileges  and  subject 
to  the  same  liabilities  of  taxation  as  other  citizens,  and  all  property 
within  said  limits  shall  thenceforth  be  subject  to  such  taxation  as  may 
have  been  or  may  hereafter  be  provided  by  said  incorporation  for  free 
school  purposes  only.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  153.] 

SEC.  170.  Change  in  Boundaries  by  Commissioners'  Court. — The 
commissioners'  court  of  any  county  shall  have  the  authority  to 
change  the  boundaries  of  any  independent  district  situated  in  said 
county  .when  in  the  judgment  of  the  said  court  the  public  good  de- 
mands such  change;  provided,  that  before  any  change  is  made  in  the 
bound? *y  lines  of  any  independent  district,  the  president  of  the  board 
of  trustees  of  the  independent  district  or  districts  to  be  affected  by 
the  proposed  change  shall  be  notified  and  said  board  of  trustees  shall 
have  the  right  to  be  heard  by  representatives  in  case  there  is  oppo- 
sition to  the  change;  provided  further,  that  this  provision  shall 
apply  only  to  school  districts  incorporated  for  school  purposes 
only ;  and  provided  further,  that  no  changes  shall  be  made  that  would 
reduce  the  total  value  of  taxable  property  in  any  independent  dis- 
trict against  which  there  are  outstanding  bonds  legally  issued.  [Acts 
of  29th  Leg.,  Chap.  124,  Sec.  52.] 


COUNTY  LINE  DISTRICTS.  69 

COUNTY  LINE  DISTRICTS. 

SEC.  171.  Commissioners'  Court  May  Create  County  Line  Dis- 
tricts.— The  commissioners'  courts  of  the  several  counties  of  the 
State  of  Texas  shall  have  full  power  and  authority  to  create  common 
school  districts,  to  contain  territory  within  two  or  more  counties 
of  this  State.  In  creating  a  common  county  line  school  district  the 
commissioners'  courts  of  each  county  having  territory  in  the  school 
district  sought  to  be  create'd,  before  such  district  shall  be  created, 
shall  each  pass  an  order  describing  the  territory  desired  to  be  created 
into  such  school  district  by  metes  and  bounds,  giving  the  course  and 
direction  with  the  exact  length  of  each  line  contained  in  such  de- 
scription and  locating  each  corner  called  for  upon  the  ground,  and 
shall  also  give  the  acres  of  each  survey  and  parts  of  survey  of  lands 
contained  in  such  district,  together  with  a  map  showing  the  condi- 
tions upon  the  ground  as  described  in  the  field  notes,  giving  the  num- 
ber of  acres  of  land  contained  in  each  survey  and  parts  of  survey 
contained  in  each  county;  also  showing  the  exact  position  and  loca- 
tion of  the  county  line  in  the  territory  created  into  a  common  county 
line  school  district.  The  said  order  of  each  commissioners'  court 
shall  also  designate  and  name  some  one  of  the  counties  having  ter- 
ritory included  in  the  description  of  such  common  county  line  school 
district  to  manage  and  have  control  of  the  public  school  in  such 
common  county  line  school  district.  The  said  common  county  line 
school  district  shall  have  no  authority  or  power  until  the  said  order 
of  the  commissioners'  court  has  been  passed  by  each  commissioners' 
court  of  each  county  having  territory  included  in  such  common 
county  line  school  district;  provided,  that  no  common  county  line 
school  district  shall  be  created  with  a  less  area  than  sixteen  square 
miles,  and  shall  be  laid  out  in  as  near  the  shape  of  a  square  as  is  pos- 
sible, and  in  no  event  shall  the  length  of  such  district  be  greater  than 
the  width  plus  one-third  of  the  width  of  such  district.  [Acts  32nd 
Leg.,  Chap.  100,  Sec.  50a.] 

SEC.  172.  Rights  and  Powers  of  County  Line  Districts. — Common 
county  line  school  districts,  as  provided  for  in  Section  50a,  shall  have 
the  rights,  powers  and  privileges  of  common  school,  districts  within 
the  counties  of  this  State,  and  for  all  school  purposes,  shall  be  man- 
aged and  controlled  by  the  county  named  in  the  order  creating  such 
district,  and  should  such  common  county  line  school  district  desire 
to  levy  the  special  tax  authorized  by  law  to  be  levied  for  the  purpose 
of  the  maintenance  of  its  schools,  or  should  such  common  county  line 
school  district  desire  to  issue  bonds  in  accordance  with  the  limita- 
tions for  such  purpose  provided  by  law  for  common  school  districts 
to  obtain  the  power  to  levy  such  tax  or  issue  such  bonds,  or  both,  as 
the  case  may  be,  except  that  in  the  event  an  election  has  been  held 
in  such  common  county  line  school  district,  as  provided  by  law,  and 
it  has  been  determined  by  a  majority  vote,  as  required  by  law,  that 
such  district  shall  levy  such  special  tax  or  issue  such  bonds,  the  com- 
missioners' court  of  the  county  placed  in  charge  and  control  of  such 
district  shall  pass  an  order  levying  such  tax  or  issuing  such  bonds, 
or  both,  as  the  case  may  be,  against  the  territory  included  within 
such  county  where  the  commissioners'  court  in  control  of  the  school 


70  SCHOOL  LAWS  OF  TEXAS. 

is  located,  and  such  order  levying  said  tax  or  issuing  said  bonds  and 
levying  a  tax  to  pay  the  interest  and  sinking  fund,  shall  be  passed 
by  the  commissioners'  court  of  each  county  having  territory  in  such 
district,  and  the  said- commissioners'  court  of  each  of  such  counties 
shall  continue  to  levy  the  said  tax  at  such  rate  as  is  determined  and 
certified  by  the  county  superintendent  of  the  county  having  control 
of  said  schools  until  such  tax  be  diminished  or  abrogated,  as  pro- 
vided .by  law,  or  such  bonds,  if  such  a  district  has  outstanding 
bonds,  have  been  fully  and  finally  paid  and  discharged.  The  tax 
assessor  shall  assess  the  taxes  levied  by  the  commissioners'  court 
of  his  county  against  the  territory  included  in  such  county  line 
school  district  for  each  and  every  year  that  such  tax  is  levied, 
and  it  shall  be  the  duty  of  the  tax.  assessor  to  make  up 
a  separate  tax  roll  covering  the  special  tax  on  territory  in 
his  county  included  in  the  county  line  school  district,  and  deliver 
together  with  the  general  tax  rolls  of  his  county,  which  shall  guide 
the  tax  collector  in  collecting  the  local  taxes  for  such  school  district, 
and  it  shall  be  the  duty  of  the  tax  collector  to  collect  such  special 
tax  for  such  county  line  school  district  in  his  county  for  every  year 
that  such  tax  has  been  levied  in  such  districts  and  keep  a  separate 
account  covering  the  territory  of  his  county  included  in  county  line 
school  districts/  for  the  purpose  of  determining  how  much  tax  has 
been  collected,  and  shall  be  paid  by  his  county  to  the  county  line 
school  district,  shall  not  be  changed  or  abolished,  except  by  the  con- 
sent of  the  commissioners'  court  of  each  county  having  territory 
contained  in  such  a  district,  and  then  shall  not  be  changed  so  that 
such  a  district  will  contain  less  than  sixteen  square  miles  of  area, 
and  in  the  case  such  a  district  has  outstanding  bonds,  the  same  shall 
not  be  changed  or  abolished  in  any  way  until  after  such  bonds  are 
finally  paid  and  discharged.  [Acts  32nd  Leg.,  Chap.  100,  Sec.  50b.] 
SEC.  173.  Scholastic  Census. — The  scholastic  census  of  all  common 
county  line  school  districts  in  the  State  of  Texas  shall  be  taken  under 
the  supervision  of  the  authorities  of  the  county  having  control  of  such 
school  district  and  reported  by  such  county  to  the  State  Department 
of  Education,  as  is  provided  by  law  governing  the  taking  of  the  scho- 
lastic census  of  the  State,  except  that  the  census  trustee  taking  the  cen- 
sus of  a  common  county  line  school  district  shall  make  a  separate  roll 
of  the  scholastic  population  contained  in  the  territory  of  each  county 
having  territory  in  such  common  county  line  school  district  which 
shall  be  separate  and  distinct  from  the  general  census  roll  of  such 
a  district,  and  be  returned  together  with  the  general  census  roll,  as 
provided  by  law,  to  be  made  by  the  census  trustees,  and  the  county 
superintendent  of  public  instruction  of  the  county  having  control 
of  the  school  of  such  a  district,  shall  make  up  a  duplicate  of  the 
copy  containing  separately  the  scholastic  population  of  each  county 
having  territory  in  such  a  district  and  send  such  duplicate  to  the 
county  superintendent  and  county  treasurer  of  the  county  where 
such  scholastic  population  reside,  to  be  by  them  used  for  the  pur- 
pose of  apportioning  the  county  available  school  funds,  and  in  case 
such  a  district  has  voted  a  special  tax  for  the  purpose  of  school 
maintenance  or  the  payment  of  interest  and  sinking  fund  on  school 
bonds,  the  county  superintendent  of  each  of  the  said  counties  shall, 


COUNTY  LINE  DISTRICTS.  71 

from  time  to  time,  as  such  taxes  have  'been  collected  by  his  county, 
draw  his  warrant  against  the  county  treasurer  or  county  depository 
of  such  county  for  such  amount  of  available  county  school  funds 
or  special  tax,  or  either  or  both,  as  the  case  may  be,  as  shall  be  on 
hand  in  the  hands  of  the  treasurer  or  depository,  as  the  case  may 
be,  in  favor  of  the  county  treasurer  or  depository  of  the  county 
having  control  and  management  of  the  schools  of  such  district,  and 
upon  the  presentation  of  such  warrant  it  shall  become  the  duty  of 
the  treasurer  or  depository  of  the  county  against  whom  the  warrant 
was  drawn  to  pay  over  to  the  treasurer  or  depository  of  the  county 
having  control  of  the  schools  of  the  district  such  amount  of  money 
as  is  called  for  in  such  warrant.  The  said  warrant  shall  be  drawn 
in  favor  of  the  school  district  embracing  the  territory  in  the  coun- 
ties involved  and  in  favor  of  the  county  treasurer  or  depository  of 
the  county  having  control  of  the  schools  of  the  districts  and  be 
credited  to  such  school  district,  and  the  funds  of  such  school  dis- 
trict shall  be  used  as  is  provided  by  law  for  the  use  of  the  different 
kinds  of  school  funds.  [Acts  of  32nd  Leg.,  Chap.  100,  Sec.  50c.] 

SEC.  174.  Independent  County  Line  Districts  Authorized. — In- 
dependent school  districts  may  be  created,  containing  territory 
within  two  or  more  counties  of  the  State  of  Texas,  in  the  same  way 
•and  manner  that  towns  and  villages  are  created  under  Title  18  of 
the  Revised  Statutes  of  1895;  provided,  that  the  map  required  by 
said  Title  18  shall  show  the  correct  location  and  position  of  the  county 
line  or  county  lines  involved  in  such  incorporation  proceedings.  Said 
incorporated  free  school  district  containing  territory  in  two  or  more 
counties  shall  have  all  the  rights,  powers  and  privileges,  granted  under 
the  General  Laws  of  the  State  to  incorporations  for  free  school 
purposes  only.  The  same  modes,  manners  and  methods  of  government 
and  procedure  provided  by  the  general  law  for  independent  school 
districts  incorporated  for  free  school  purposes  only  shall  govern  the 
management  and  control  of  the  incorporated  school  districts  for  free 
school  purposes  containing  territory  within  two  or  more  counties. 
[Acts  32nd  Leg.,  Chap.  100,  Sec.  154b.] 

SEC.  175.  Levy  of  Taxes. — All  incorporated  school  districts  for  free 
school  purposes  only,  within  the  State  of  Texas,  which  have  heretofore 
held  elections  wherein  it  has  been  determined  by  a  majority  vote  at 
such  elections  that  a  tax  of  not  exceeding  50c  on  the  $100.00  valua- 
tion of  all  property  within  such  districts  shall  be  levied  for  the 
maintenance  of  public  schools  within'  such  districts  and  subsequent 
to  such  election  another  election  is  held  in  such  school  district  for 
the  purpose  of  determining  whether  or  not  bonds  shall  be  issued  for 
school  building  purposes,  or  the  equipment  of  school  buildings  and  the 
levy  of  a  tax  sufficient  to  pay  interest  and  sinking  fund  on  such  bonds, 
such  second  election  shall  reduce  the  tax  authorized  to  be  levied  in 
the  first  election  not  to  exceed  50c  on  the  $100.00  valuation  to  such 
an  amount  not  exceeding  25c  tax  on  the  $100.00  valuation  of  all 
property  within  said  district  as  may  be  necessary  to  raise  funds  to 
pay  interest  and  sinking  fund  on  such  bonds  so  long  as  such  bonds 
are  an  outstanding  obligation  against  such  district;  provided,  that, 
in  no  event  the  total  tax  authorized  for  such  districts  shall  exceed 
50c  on  the  $100.00  valuation  of  property  contained  in  such  district, 


72  SCHOOL  LAWS  OF  TEXAS. 

and  in  no  event  shall  the  tax  of  25c  on  the  $100.00  valuation  for 
the  purpose  of  paying  interest  and  sinking  fund  on  outstanding 
bonds  of  such  a  district  be  reduced  because  of  the  maintenance  tax 
blow  [below]  such  an  amount  as  is  necessary  to  raise  a  sufficient 
sum  to  pay  interest  and  sinking  fund  on  such  outstanding  bonds. 
[Acts  32nd  Leg.,  Chap.  100,  Sec.  154c.] 

SEC.  176.  Independent  Districts  May  Be.  Abolished. — All  inde- 
pendent school  districts  incorporated  for  free  school  purposes  within 
the  State  of  Texas  may  be  changed  or  abolished  in  the  same  way  that 
is  provided  for  the  change  or  abolishment  of  a  town  and  village  or 
city  and  town,  as  provided  in  Title  18  of  the  Kevised  Statutes  of 
1895;  provided,  that  no  such  district  shall  be  diminished,  changed, 
or  abolished  while  it  has  an  outstanding  debt,  either  of  bonds  or 
otherwise,  as  authorized  by  law,  against  it.  [Acts  32nd  Leg.,  Chap. 
100,  Sec.  154d.] 

INDEPENDENT     DISTRICTS — -CITIES     AND     TOWNS. 

SEC.  177.  City  or  Town  May  Assume  Control  of  Schools. — Any 
city  or  town  in  this  State  may  acquire  the  exclusive  control  of  the 
public  free  schools  within  its  limits.  [Acts  of  29th  Leg..  Chap.  124, 
Sec.  134.] 

Note.— See  Section  154. 

SEC.  178.  Same. — All  cities  and  towns  which  have  heretofore,  un- 
der the  Act  of  May  2,  1875,  or  any  subsequent  law,  assumed  control 
of  the  public  free  schools  within  their  limits,  and  have  continued  to 
exercise  the  same  until  the  present  time,  or  may  hereafter  determine 
so  to  do  by  a  majority  vote  of  the  property  taxpayers  of  said  city  or 
town  voting  at  an  election  held  for  that  purpose,  may  have  exclusive 
control  of  the  public  free  schools  within  their  limits.  [Acts  of  29th 
Leg.,  Chap.  125,  Sec.  133.] 

SEC.  179.  Election  to  Determine  Question. — The  mayor  of  said 
city  or  town  shall,  upon  the  written  application  of  not  less  than  fifty 
of  the  qualified  electors  of  such  city  or  town,  order,  within  twenty 
days  of  such  application,  an  election  by  the  qualified  electors  of  such 
city  or  town,  to  be  conducted  as  other  municipal  elections,  to  decide 
by  a  majority  of  the  votes  cast  by  the  qualified  electors  of  such  city 
or  town  at  such  election,  whether  such  city  or  town  shall  acquire  the 
exclusive  control  of  the  public  free  schools  and  institutions  of  learn- 
ing within  its  limits;  provided,  that  one  election  and  no  more  shall 
be  held  hereafter  in  any  one  calendar  year  to  determine  whether  such 
city  shall  acquire  the  exclusive  control  of  the  public  free  schools 
within  its  limits.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  135.] 

Note. — The  city  exercises  its  control  of  the  schools  through  a  board  of 
seven  trustees.  The  first  election  of  trustees  is  ordered  by  the  county  judge. 
See  Sections  197  and  198. 

For  the  general  powers  and  duties  of  the  trustees,  see  Sections  195  to  208. 

SEC.  180.  Shall  Receive  Pro  Rata  of  School  Funds. — Said  city  or 
town,  after  notice  to  the  State  Board  of  Education  that  it  has  de- 
termined to  assume  control  of  the  public  free  schools  with  its  limits, 


CITIES  AND  TOWNS.  73 

• 

shall  receive  such  pro  rata  of  the  available  school  fund  as  its  scholastic 
population  may  entitle  it  to.  [Acts  of  29th  Leg.,  Chap.  124,  Sec. 
139.] 

SEC.  181.  General  Laws  Shall  Govern. — Schools  thus  organized 
and  provided  for  by  incorporated  cities  and  towns  shall  be  subject  to 
the  general  laws,  so  far  as  the  same  are  applicable ;  but  each  city  or 
town  having  control  of  schools  within  its  limits  shall  constitute  a  sep- 
arate school  district,  and  may  provide  for  the  organization  of  schools 
and  the  appropriation  of  its  school  funds  in  such  manner  as  may  be 
best  suited  to  its  population  and  condition.  [Acts  of  29th  Leg., 
Chap.  124,  Sec.  144.] 

SEC.  182.  Property  Vested  in  Trustees. — In  all  cities  and  towns 
in  this  State  which  have  assumed  or  may  hereafter  assume  the  ex- 
clusive control  and  management  of  public  free  schools  within  their 
limits,  and  which  have  determined  or  may  hereafter  determine  that 
such  exclusive  control  and  management  of  the  public  free  schools 
within  their  limits  shall  be  in  a  board  of  trustees,  and  organized  un- 
der an  act  of  the  Sixteenth  Legislature,  approved  April  3,  1879,  and 
acts  amendatory  thereto,  the  title  to  all  houses,  lands  and  other  prop- 
erty owned,  held,  set  apart,  or  in  any  way  dedicated  to  the  use  and 
benefit  of  the  public  free  schools  of  such  city  or  town,  including 
property  heretofore  acquired  as  well  as  that  which  may  hereafter  be 
acquired,  shall  be  vested  in  the  board  of  trustees,  and  their  succes- 
sors in  office,  in  trust  for  the  use  and  benefit  of  the  public  free 
schools  in  such  city  or  town,  and  such  board  of  trustees  shall  have 
and  exercise  the  exclusive  control  and  management  of  such  school 
property,  and  shall  have  and  exercise  the  exclusive  possession  thereof 
for  the  purposes  aforesaid;  provided,  that  where  trustees  are  named 
other  than  the  municipal  corporation  itself,  in  any  instrument  con- 
veying, donating,  bequeathing  or  devising  any  money  or  other  prop- 
erty, real  or  personal,  for  the  benefit  of  any  city  or  town,  this  law 
shall  not  interfere  in  any  manner  with  the  title  or  authority  of  such 
trustees  to  or  over  such  money  or  other  property. 

And  such  board  of  trustees  shall  constitute  a  body  corporate,  and 
shall  have  full  power  to  protect  the  title,  possession  and  use  of  all 
such  property  within  the  limits  of  such  city  or  town,  and  may  bring 
and  maintain  such  suit  or  suits  in  law  or  in  equity  in  any  court  of 
competent  jurisdiction,  when  necessary,  to  recover  the  title  ,or  pos- 
session of  any  such  property  that  may  be  adversely  held  or  seized, 
or  to  prevent  any  trespass  upon  or  injury  to  such  property;  and  the 
power  and  authority  of  any  such  board  of  trustees  to  bring  and 
maintain  any  suit  in  relation  to  the  recovery  of  such  property,  or  the 
possession  and  use  thereof;  provided,  that  the  provisions  of  this  ar- 
ticle shall  not  apply  to  lands  belonging  to  the  State  upon  which 
houses  for  school  purposes  have  been  built  without  authority  from 
the  State.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  136.] 

SEC.  183.  Sale  of  School  Property. — Any  houses  or  lands  held  in 
trust  by  any  city  or  town  for  public  free  school  purposes  may  be  sold 
for  the  purpose  of  investing  in  more  convenient  and  desirable  school 
property,  with  the  consent  of  the  State  Board  of  Education,  by  the 
board  of  trustees  of  such  city  or  town;  and  in  such  cases  the  presi- 
dent of  the  school  board  shall  execute  his  deed  to  the  purchaser  for 


74  SCHOOL  LAWS  OF  TEXAS. 

t 

the  same,  reciting  the  resolution  of  the  State  Board  of  Education 
giving  consent  thereto  and  the  resolution  of  the  board  of  trustees  au- 
thorizing such  sale.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  146.] 

SEC.  184.  Schoolhouse  Bonds  to  Be  Issued  ~by  City  Council. — Towns 
or  cities  which  have  assumed  or  may  hereafter  assume  control  and 
management  of  the  public  free  schools  within  their  limits,  may  also 
provide  for  building  sites  and  buildings  for  such  public  free  schools 
and  institutions  of  learning,  in  the  manner  and  under  the  restric- 
tions and  limitations  provided  for  [in]  Article  486,  Revised  Statutes, 
relating  to  cities  and  towns.  [Acts  of  29th  Leg.,  Chap.  124,  Sec. 
147.] 

Note. — The  school  board  has  no  official  duty  relating  to  the  issuance  of  city 
bonds  for  school  purposes,  under  the  article  of  the  Revised  Statutes  cited 
in  this  section.  However,  the  proceeds  from  the  sale  of  the  schoolhouse  bonds 
should  be  turned  over  to  the  shcool  board,  to  be  paid  out  in  the  construction 
of  the  building.  See  Section  182.  Since  the  bonds  are  the  obligation  of  the 
municipality,  the  city  has  the  custody  of  the  sinking  fund  for  their  redemp- 
tion. 

See  also  Chapter  149,  Acts  of  the  Twenty-sixth  Legislature. 

SEC.  185.  Local  Maintenance  Tax. — After  a  city  or  town  has  as- 
sumed control  of  the  public  free  shcools  within  its  limits,  the  coun- 
cil or  board  of  aldermen  shall  also  submit  the  question  to  the  prop- 
erty taxpayers  as  to  whether  or  not  the  additional  amount  as  pro- 
vided for  hereinafter  shall  be  raised  by  taxation.  [Acts  of  29th 
Leg.,  Chap.  124,  Sec.  140.] 

SEC.  186.  Two-thirds  Majority  Necessary. — If  at  an  election  held 
for  that  purpose,  at  which  none  but  property  taxpayers  as  shown 
by  the  last  assessment  rolls  who  are  qualified  voters  of  such  city  or 
town  shall  vote,  two-thirds  of  those  voting  shall  vote  in  favor  thereof, 
such  an  amount  shall  be  raised  by  taxatir^  ~~A  '  ae-half  of 

one  per  cent  in  addition  to  _...  __  VJMS  avaiiaoie  school  fund 

received  from  the  State  as  may  be  necessary  to  conduct  the  schools 
for  ten  months  in  the  year.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  141.] 

Note.— See  Section  10  of  Article  11  of  the  State  Constitution. 

SEC.  187.  Election  for  Local  Tax. — The  city  or  town  council,  or 
board  of  aldermen  of  any  city,  town  or  village,  whether  incorporated 
or  under  any  act  of  Congress  of  the  Republic,  or  the  Legislature  of 
the  State  of  Texas,  or  under  any  act  of  incorporation  whatever,  shall 
have  power  by  ordinance  to  annually  levy  and  collect  not  exceeding 
one-half  of  one  per  cent  ad  valorem  taxes  for  the  support  and  main- 
tenance of  public  free  schools  in  the  city  or  town  where  such  city  or 
town  is  a  separate  and  independent  school  district ;  provided,  that  no 
such  tax  shall  be  levied  until  an  election  shall  have  been  held,  at  which 
none  but  property  taxpayers,  as  shown  by  the  last  assessment  rolls, 
who  are  qualified  voters  of  such  city  or  town,  shall  vote,  and  two- 
thirds  of  those  voting  shall  vote  in  favor  thereof.  The  proposition 
submitted  may  be  for  a  tax  not  exceeding  one-half  of  one  per  cent, 
or  may  be  for  a  specific  per  cent.  One  election,  and  no  more,  shall  be 
held  hereafter  in  any  one  calendar  year  to  ascertain  wheher  a  school 
tax  shall  be  levied.  If  the  proposition  is  carried,  the  school  tax  shall 
be  continued  to  be  annually  levied  and  collected  for  at  least  two 


CITIES  AND  TOWNS.  75 

years,  and  thereafter  unless  it  be  discontinued  at  an  election  held  to 
determine  whether  the  tax  shall  be  continued  or  discontinued,  at  the 
request  of  fifty  property  taxpayers  of  such  city  or  town.  When  the 
tax  is  continued  no  election  to  discontinue  it  shall  be  held  for  two 
years ;  when  the  tax  is  discontinued  no  election  to  levy  a  tax  shall  be 
held  during  the  same  year.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  142.] 

Note. — For  discussion  of  the  taxing  powers  of  cities  for  school  purposes, 
see  City  of  Port  Worth  v.  Davis,  57  Texas,  225,  and  Dwyer  v.  Hackworth,  57 
Texas,  245. 

SEC.  188.  Levy  of  Tax. — If  the  vote  of  the  taxpayers  is  in  favor 
of  the-  levy  of  said'  tax,  then  it  shall  be  the  duty  of  the  council  or 
board  of  aldermen  annually  thereafter  to  levy  upon  the  taxable  prop- 
erty in  the  limits  of  such  city  or  town,  in  accordance  with  the  usual 
assessment  of  taxes  for  municipal  purposes,  such  additional  tax  as 
may  be  necessary  for  the  support  of  the  schools  for  ten  months  in  the 
year,  not  to  exceed  one-half  of  one  per  cent.  [Acts  of  29th  Leg., 
Chap.  124,  Sec.  143.] 

Note.— See  Section  192. 

SEC.  189.  Same. — In  such  cities  and  towns  as  have  assumed  the 
exclusive  control  of  the  public  free  schools  within  their  limits,  and 
have  decided  under  the  laws  providing  therefor  that  a  special  tax 
shall  be  levied  for  the  support  of  such  public  free  schools,  the  mayor 
and  council  or  board  of  aldermen  of  such  city  or  town  shall  annually 
assess  and  levy  such  tax  by  ordinance  duly  passed  and  approved  in 
the  same  manner  as  is  required  in  the  assessment  and  levy  of  taxes 
for  general  purposes  in  such  ctiy  or  town.  In  cities  and  towns  which 
have  voted  upon  and  directed  the  levy  of  a  special  tax  not  exceeding 
one-half  of  one  per  cent,  the  mayor  and  council  or  board  of  aldermen 
of  such  city  or  town  shall  annually  levy  such  rate  of  taxes  for  public 
school  purposes  not  exceeding  one-half  of  one  per  cent  as  shall  be 
sufficient  for  the  support  of  the  public  free  schools  for  the  term  as 
required  by  law ;  but  in  such  cities  and  towns  as  have  voted  upon  and 
decided  at  an  election  held  for  that  purpose  that  a  specified  rate  of 
taxes  shall  be  assessed  and  levied  in  such  city  or  town  for  the  support 
of  its  public  free  schools,  the  mayor  and  council  or  board  of  alder- 
men of  such  city  or  town  shall  have  no  discretion  in  fixing  the  rate  at 
which  such  tax  shall  be  levied,  but  shall  assess  and  levy  the  same  at 
the  rate  fixed  in  the  proposition  as  submitted  and  adopted  by  the 
qualified  voters  of  such  city  or  town  at  the  election  held  for  that  pur- 
pose. [Acts  of  29th  Leg.,  Chap.  124,  Sec.  138.] 

SEC.  190.  Trustees  Determine  Annual  Rate. —  *  *  *  It  is  fur- 
ther provided,  that  in  such  cities  and  towns  as  may  now  or  hereafter 
constitute  independent  school  districts,  and  where  a  special  tax  for 
school  purposes  has  been  voted  by  the  people,  or  provided  by  special 
charter,  not  exceeding  one-half  of  one  per  cent,  it  shall  be  the  duty 
of  said  board  of  trustees  to  determine  what  amount  of  said  tax  within 
the  limit  voted  by  the  people  or  fixed  by  special  charter  will  be  nec- 
essary for  the  maintenance  of  the  schools  for  each  current  year,  and 
it  shall  become  the  duty  of  the  city  council,  upon  the  requisition  of 
the  said  board  of  trustees,  to  annually  levy  and  collect  said  tax,  as 


76  SCHOOL  LAWS  OF  TEXAS. 

other  taxes  are  levied  and  collected,  and  said  tax  when  collected  shall 
be  placed  at  the  disposal  of  the  said  school  board  by  paying  over 
monthly  to  the  treasurer  of  said  board  the  amount  collected  for  fhe 
support  of  the  schools  of  such  district  to  be  used  for  the  maintenance 
and  support  of  the  public  free  schools  of  such  independent  district. 
[Acts  of  29th  Leg.,  Chap.  124,  Sec.  168.] 

Note. — Where  a  city  has  assumed  control  of  the  public  schools  within  its 
limits  and  the  management  of  the  schools  is  intrusted  to  a  board  of  trustees, 
said  board  of  trustees  may  determine  in  its  discretion  the  rate  of  the  local 
school  tax,  within  the  authorized  limit,  which  the  council  shall  levy  for  the 
annual  maintenance  of  the  schools.  (City  Council  of  City  of  Crockett  v.  Board 
of  Trustees  for  Independent  School  District  of  City  of  Crockett,  98  S.  W., 
889;  Kennedy  v.  Birch,  74  S.  W.,  593.) 

SEC.  191.  Assessment  and  Collection. —  *  *  *  In  independent 
school  districts  in  cities  and  towns  having  a  city  assessor  and  collector 
of  taxes,  such  assessor  and  collector  of  taxes  shall  assess  and  collect 
the  taxes  for  school  purposes ;  provided,  that  in  cities  and  towns  hav- 
ing an  assessor  and  collector  of  taxes  the  levy  of  taxes  for  school 
purposes  shall  be  based  upon  the  same  assessment  of  property  upon 
which  the  levy  for  other  city  purposes  is  based.  It  is  further  provided, 
that  in  such  cities  and  towns  the  assessor  and  collector  of  taxes  shall 
receive  no  other  compensation  for  collecting  school  taxes  than  the 
compensation  paid  him  for  assessing  and  collecting  city  taxes,  and 
taxes  for  school  purposes  in  such  cities  and  towns  shall  be  assessed 
and  collected  as  other  city  taxes  are  assessed  and  collected.  *  *  * 
[Acts  of  29th  Leg.,  Chap.  124,  Sec.  165.] 

SEC.  192.  Funds  to  Be  Turned  Over  to  School  Treasurer. — The 
pro  rata  of  the  available  school  fund  of  the  State  appropriated  and 
set  apart  to  such  city  or  town  shall  be,  by  the  proper  officer  or  de- 
partment of  the  State,  paid  over  directly  to  such  treasurer  of  the 
board  of  trustees,  who  shall  execute  the  proper  receipts  therefor; 
and  all  moneys  and  funds  arising  from  the  assessment  and  collec- 
tion of  any  special  tax  in  such  city  or  town  for  public  free  school 
purposes  shall  be  by  the  assessor  and  collector,  or  other  proper 
officer  of  such  city  or  town,  whose  duty  it  is  to  collect  the  taxes, 
turned  over  directly  to  the  treasurer  of  the  board  of  trustees  of 
such  city  or  town,  who  shall  execute  and  deliver  his  receipt  to  such 
city  or  town,  who  shall  execute  and  deliver  his  receipt  to  such  col- 
lector, and  the  mayor  and  council  or  board  of  aldermen  of  such 
city  or  town  shall  have  no  power  or  control  of  such  funds.  [Acts 
of  29th  Leg.,  Chap.  124,  Sec.  137.] 

Note. — See  Sections  53  and  54. 

Note. — This  section  has  no  reference  to  the  tax  on  account  of  bonds  of  the 
city  issued  for  school  purposes. 

SEC.  193.  Extension  of  City  Limits  for  School  Purposes. — Any 
city  or  town  that  has  taken  charge  of  the  public  free  schools  within 
its  limits,  or  that  shall  hereafter  take  charge  of  the  same,  may  by 
ordinance  extend  its  corporation  lines  for  school  purposes  only  on 
a  petition  signed  by  a  majority  of  the  resident  qualified  voters  of 
the  territory  which  is  to  be  taken  into  said  city  or  town  for  school 
purposes  only,  and  recommended  by  a  majority  vote  Of  the  trustees 


INDEPENDENT  DISTRICT  SCHOOL  TRUSTEES  77 

of  the  public  free  schools  of  said  city  or  town;  provided,  that  the 
proposed  change  shall  not  deprive  the  scholastic  children  of  the  re- 
maining part  of  the  common  school  district  or  districts  which  may 
be  affected  by  the  proposed  change,  of  the  opportunity  of  attend- 
ance upon  school. 

The  added  territory  shall  bear  its  pro  rata  part  according  to  tax- 
able values  of  any  school  debt  or  debts  that  may  be  owed  or  con- 
tracted by  said  city  or  town  to  which  it  shall  have  been  added,  and 
shall  not  bear  any  part  of  any  other  debt  that  may  be  owed  or  con- 
tracted by  such  city  or  town.  The  property  of  the  added  territory 
shall  bear  its  pro  rata  part  of  all  school  taxes,  but  of  no  other  taxes. 
The  added  territory  shall  not  affect  the  city's  debts  or  business  re- 
lations in  any  manner  whatever  except  for  school  purposes  as  pro- 
vided above. 

The  officers  whose  duty  it  is  to  assess  and  collect  school  taxes 
within  the  city  limits  shall  also  assess  and  collect  taxes  within  the 
territory  added  for  school  purposes  as  herein  provided.  [Acts  of 
29th  Leg.,  Chap.  124,  Sec.  148.] 

INDEPENDENT  DISTRICT  SCHOOL  TRUSTEES. 

SEC.  194.  Acts  of  Certain  Boards  Validated. — Trustees  and 
school  officers,  heretofore  appointed  or  elected  in  independent  school 
districts,  are  hereby  continued  in  office  until  the  election  and  quali- 
fication of  trustees,  as  provided  for  in  this  act,  and  the  official  acts 
and  proceedings  of,  and  contracts,  bonds  issued  and  authorized  to 
be  issued  by  boards  of  trustees  in  independent  school  districts  here-, 
tofore  elected  and  appointed  and  operating  under  former  acts  of 
the  Legislature  of  this  State,  and  particularly  under  an  act  ap- 
proved March  30,  1899,  entitled  "An  Act  to  provide  a  uniform 
method  of  electing  school  trustees  in  independent  districts,"  are 
hereby  validated,  ratified  and  confirmed.  The  provisions  of  this 
act  concerning  trustees  shall  not  apply  to  the  city  of  Fort  "Worth 
nor  to  the  city  of  Dallas.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  173.] 

SEC,  195.  Change  from  Appointment  to  Election  in  Cities. — 
Towns  and  cities  which  have  heretofore  chosen  their  trustees  by  ap- 
pointment of  the  city  council  or  board  of  aldermen,  under  the  pro- 
visions of  Article  4018,  Revised  Statutes,  shall  be  authorized  to  con- 
tinue to  choose  their  trustees  in  this  manner — that  is,  by  the  appoint- 
ment of  the  board  of  alder-men  of  said  city  or  town;  provided,  that 
seven  trustees  shall  be  appointed  at  first,  four  of  whom  shall  serve  for 
one  year  and  three  for  two  years,  and  at  regular  intervals  of  one 
year  thereafter,  four  trustees  and  three  trustees,  alternately,  shall 
be  appointed  each  year  for  a  term  of  two  years;  and  provided  fur- 
ther, that  on  a  petition  of  twenty-five  per  cent  of  the  voters  of  any 
such  city  or  town,  to  be  ascertained  by  the  ballots  cast  at  the  last 
regular  city  election  in  said  city  or  town,  the  mayor  of  such  city 
or  town  shall  order  an  election  to  determine  whether  or  not  the 
school  affairs  of  such  city  or  town  shall  be  directed  by  a  school 
board  elected  in  accordance  with  the  provisions  of  this  act,  and  in 
case  of  an  affirmative  vote  an  election  shall  at  once  be  ordered  by 
the  said  mayor  for  the  purpose  of  choosing  a  school  board  consist- 


78       .  SCHOOL  LAWS  OP  TEXAS. 

ing  of  seven  trustees,  as  provided  in  Section  162   [196]   of  this  act 
[Acts  of  29th  Leg.,  Chap.  124,  Sec.  171.] 

SEC.  196.  Board  of  Seven  Trustees. — In  each  independent  dis- 
trict that  shall  be  hereafter  organized  the  county  judge  of  the 
county  in  which  said  independent  district  is  situated  shall  order  an 
election  for  seven  trustees/ who  shall  constitute  the  school  board 
of  such  independent  district,  and  all  of  whom  shall  serve  without 
compensation.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  162.] 

Note.— See  Sections  153  and  179. 

SEC.  197.  County  Judge  Shall  Order  First  Election. — The  county 
judge  of  each  county  shall  order,  for  each  and  every  independent 
school  district  in  the  county  of  which  he  is  county  judge,  the  first 
election  required  to  be  held  under  this  act;  and  thereafter  all  such 
elections  shall  be  ordered  by  the  board  of  trustees  of  each  independ- 
ent school  district.  And  such  order  shall  be  made  at  least  ten  days 
before  the  date  of  election,  and  a  notice  of  the  order  shall  be  posted 
at  three  different  places  in  the  district.  The  county  Judge  or  board 
of  school  trustees,  as  the  case  may  be,  at  the  time  of  ordering  such 
election,  shall  appoint  persons  to  hold  the  election,  and  shall  desig- 
nate the  places  where  the  polls  shall  be  open. 

All  such  elections  shall  be  held  in  accordance  with  the  State  law 
governing  elections,  and  returns  of  such  elections  shall  be  made  to 
the  county  judge  or  board  of  school  trustees,  as  the  case  may  be,  in 
the  same  manner  as  election  returns  are  made  under  such  State  law. 

The  county  judge  or  board  of  school  trustees,  as  the  case  may  be, 
shall  canvass  such  returns,  declare  the  result  of  such  election,  and 
issue  certificates  of  election  to  the  persons  shown  by  such  returns  to 
be  elected.  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  164.] 

SEC.  198.  Ballot  Prescribed  "by  Local  Authorities. — At  the  elec- 
tion of  school  district  officers  or  school  officers  for  a  city,  town  or 
village,  at  which  no  other  officer  is  to  be  elected,  *  *  *  any  bal- 
lot may  be  used  prescribed  by  local  authorities.  [Acts  of  29th  Leg., 
1st  Called  Session,  Chap.  11,  Sec.  51.] 

SEC.  199.  Who  Shall  Be  Declared  Elected.— All  the  qualified 
voters  of  each  independent  district  shall  be  entitled  to  a  vote  at  the 
trustees'  election,  and  the  seven  candidates  receiving  the  largest 
number  of  votes  at  the  first  election  held  hereunder  shall  be  entitled 
to  serve  as  trustees  as  hereinbefore  provided,  and  at  all  subsequent 
trustees'  elections  the  three  or  the  four  candidates,  as  the  case  may 
be,  receiving  the  largest  number  of  votes  shall  be  entitled  to  serve  as 
trustees  for  the  full  term  for  which  they  were  elected.  [Acts  of  29th 
Leg.,  Chap.  124,  Sec.  169.] 

SEC.  200.  Terms  of  Office. — The  terms  of  office  of  the  seven  trus- 
tees chosen  at  the  first  election  under  this  act  shall  be  divided  into 
two  classes,  and  the  members  shall  draw  for  the  different  classes,  the 
four  members  drawing  the  numbers  one,  two,  three  and  four  shall 
serve  for  one  year  or  part  thereof,  that  is,  until  the  first  of  May 
thereafter,  and  until  their  successors  are  elected  and  qualified,  and 
the  three  members  drawing  the  numbers  five,  six  and  seven  shall 
serve  for  two  years,  that  is,  until  the  second  May  thereafter,  and 
until  their  successors  are  elected  and  qualified,  and  regularly  there- 


INDEPENDENT  DISTRICT  SCHOOL  TRUSTEES.  79 

after  on  the  first  Saturday  in  May  of  each  year,  four  trustees  and 
three  trustees,  alternately  shall  be  elected  for  a  term  of  two  years, 
to  succeed  the  trustees  whose  terms  shall  at  that  time  expire.  [Acts 
of  29th  Leg.,  Chap.  124,  Sec.  163.] 

SEC.  201.  Oath  of  Office. — Before  any  trustee  enters  upon  the 
discharge  of  the  duties  of  his  office  he  shall  swear  that  he  will  faith- 
fully and  impartially  discharge  the  duties  of  such  office,  and  his 
affidavit  to  that  effect  shall  be  filed  after  the  first  election  with  the 
county  judge  and  after  all  subsequent  elections  with  the  president 
or  chairman  of  the  school  board.  [Acts  of  29th  Leg.,  Chap.  124, 
Sec.  167.] 

Note. — The  oath  of  a  school  trustee  must  conform  to  the  oath  prescribed 
by  the  State  Constitution,  Article  16,  Section  1. 

SEC.  202.  Organization  of  Board. — The  trustees  chosen  under  this 
act  shall  meet  within  twenty  days  after  the  election,  or  as  soon  there- 
after as  possible,  for  the  purpose  of  organizing.  A  majority  of  said 
board  shall  constitute  a  quorum  to  do  business ;  and  they  shall  choose 
from  their  number  a  president;  and  they  shall  choose  a  secretary, 
treasurer,  assessor  and  collector  of  taxes,  and  other  necessary  officers 
and  committees.  The  treasurer  shall  be  required  to  give  bond  in 
double  the  estimated  amount  of  the  receipts  coming  annually  into 
his  hands.  Said  bond  shall  be  made  payable  to  the  president  of  the 
board,  or  to  his  successor  in  office,  and  be  approved  by  the  board  of 
trustees,  conditioned  for  the  faithful  discharge  of  his  duties  and 
the  payment  of  the  funds  received  by  him  upon  the  draft  of  the 
president,  drawn  upon  order,  duly  entered,  of  the  board  of  trustees. 
*  *  [Acts  of  29th  Leg.,  Chap.  124,  Sec.  165.] 

Note. — All  funds  of  districts  having  each  fewer  than  150  scholastics  are 
to  be  kept  in  the  county  depository  and  paid  out  on  the  order  of  the  trus- 
tees approved  by  the  county  superintendent.  In  independent  districts  of 
more  than  150  scholastics  the  board  must  select  as  treasurer  that  person  or 
corporation  who  offers  satisfactory  bond  and  the  best  bid  of  interest  on  the 
average  daily  balances  for  the  privilege  of  acting  as  such  treasurer.  See 
Section  52.  The  term  of  the  treasurer  should  correspond  to  the  scholastic 
year,  beginning  September  1  following  the  selection.  Properly  certified 
copy  of  the  treasurer's  bond  must  be  filed  in  the  Department  of  Education 
before  State  funds  may  be  paid  to  the  district. 

Concerning  the  assessor  and  collector  of  taxes,  see  Section  191  and  Sec- 
tions 164  and  165. 

SEC.  203.  Board  Shall  Adopt  Rules  and  Regulations. — Said 
board  of  trustees  shall  adopt  such  rules,  regulations  and  by-laws  as 
they  may  deem  proper,  and  the  public  free  schools  of  such  independ- 
ent district  shall  be  under  their  control  and  they  shall  have  the  ex- 
clusive power  to  manage  and  govern  said  schools,  and  all  rights  and 
titles  to  property  for  school  purposes  heretofore  vested  in  the  mayor, 
city  council,  or  school  trustees  by  Articles  3995,  4013  and  4032,  Re- 
vised Statutes  of  1895,  or  other  statutes,  general  and  special,  except 
such  cities  as  are  exempted  by  this  act,  shall  be  vested  in  said  board 
of  trustees  and  their  successors  in  office,  and  their  claims  shall  apply 
to  any  action  or  suit  now  pending,  or  which  may  hereafter  arise,  to 
which  said  board  are  parties.  [Acts  of  29th  Leg.,  Chap.  124,  Sec. 
168.]' 


80  SCHOOL  LAWS  OF  TEXAS. 

SEC.  204.  Vacancies. — When  a  vacancy  occurs  in  the  board  of 
school  trustees  in  any  independent  school  district  the  remaining 
members  of  such  board  shall  fill  the  vacancy  by  electing  a  person  to 
fill  the  office  for  the  unexpired  portion  of  the  term  of  the  prior  in- 
cumbent thereof.  [Acts  of  29th  Leg.,  Shap.  124,  Sec.  170.] 

Note. — Vacancy  in  school  board  appointed  by  city  council  will  be  filled  by 
mayor.  (Letter  from  Judge  R.  M.  Rowland  to  B.  J.  Word,  Meridian,  Texas, 
May  7,  1910.) 

SEC.  205.  May  Extend  Scholastic  Age. — Any  city  or  town  having 
voted  a  tax,  in  addition  to  the  pro  rata  of  the  available  school  fund 
from  the  State,  may  extend  the  scholastic  age  and  prescribe  such 
other  studies  as  the  board  of  school  trustees  may  deem  proper.  [Acts 
of  29th  Leg.,  Chap.  124,  Sec.  145.] 

SEC.  206.  May  Elect  Superintendent  or  Principal  for  Two  Tears. 
— The  board  of  trustees  of  any  city  or  town  or  of  any  independent 
district  provided  for  in  this  act,  may  elect  a  superintendent  or  prin- 
cipal of  schools  of  such  city  or  town,  or  of  such  independent  district, 
for  a  term  not  to  exceed  two  years.  [Acts  of  29th  Leg.,  Chap.  124, 
Sec.  174.] 

Note. — A  superintendent's  duties  are  supervisory;  a  principal's  duties  are 
those  of  supervisor  and  instructor. 

Note. — The  law  fixes  no  date  upon  which  the  school  board  shall  elect 
teachers.  A  contract  with  a  teacher,  made  before  the  reorganization  of  the 
board  following  the  election  of  trustees,  is,  therefore,  valid.  See  Pearsall 
v.  Woolls,  50  S.  W.,  959. 

SEC.  207.  Trustees  and  Teachers  Shall  Not  Handle  Books. — No 
member  of  the  board  of  trustees  of  any  public  school,  nor  teacher  in 
any  of  the  public  schools  of  this  State,  nor  county  or  city  superin- 
tendent of  public  schools,  shall,  during  the  term  of  their  office  as 
trustees  or  superintendent,  or  during  the  time  of  their  employment 
as  teacher,  act  as  agent  or  attorney  for  any  text-book  publishing 
company  selling  text-books  in  this  State.  Nor  shall  any  person  in- 
terested in  the  publication  of  textbooks,  or  of  selling  the  same  to  be 
used  in  the  public  schools  of  this  State,  be  eligible  as  school  trustee, 
county  or  city  superintendent  of  schools,  or  as  teacher  in  any  of  the 
public  schools  of  this  State,  while  acting  in  the  capacity  of  agent 
or  attorney  for  text-book  publishers  or  dealers.  If  after  election  as 
trustee,  county  or  city  superintendent  or  employment  as  teacher,  any 
person  filling  such  position  accepts  the  agency  or  attorneyship  of  any 
text-book  publishing  company,  the  acceptance  of  such  agency  or  at- 
torneyship shall  work  a  forfeiture  of  the  office  or  place  in  the  pub- 
lic schools  held  at  the  time  of  the  acceptance  of  such  agency  or  at- 
torneyship. [Acts  of  29th  Leg ,  Chap.  124,  Sec.  175.] 

STATE  ADOPTED  TEXT-BOOKS. 

SEC.  208.  Subjects  Covered  in  Adoption. — The  Governor  of  this 
State  shall,  at  such  time  after  this  act  takes  effect  as  will  in  his 
opinion  best  insure  the  proper  accomplishment  of  its  purposes  and 
not  later  than  January  1,  1908,  appoint  five  teachers  holding  first 
grade  or  permanent  certificates  who  have  been  actively  engaged  in 


STATE  ADOPTED  TEXT-BOOKS.  81 

teaching  in  the  public  schools  of  the  State  for  the  past  three  years, 
one  of  whom  shall  be  a  primary  teacher  of  recognized  ability,  who, 
together  with  the  Governor  and  the  State  Superintendent  of  Public 
Instruction,  shall  constitute  the  said  Text-Book  Board,  of  which  the 
Governor  shall  be  the  chairman,  and  said  board  shall,  when  called 
together  by  the  Governor  for  that  purpose,  select  and  adopt  text- 
books for  use  in  the  public  schools  in  this  State  for  a  period  of  five 
years,  beginning  September  1,  1908;  said  board  is  hereby  authorized 
and  required  to  select  and  adopt  a  uniform  system  of  text-books  to 
be  used  in  the  public  free  schools  of  Texas,  and  the  series  so  selected 
shall  include  and  be  limited  to  text-books  on  the  following  subjects: 
Spelling,  a  graded  series  of  reading  books,  a  course  in  language  les- 
sons, grammar,  elementary  English  composition,  geography,  arith- 
metic, mental  arithmetic,  elementary  physiology  and  hygiene,  civil 
government,  elementary  algebra,  physical  geography,  history  of  the 
United  States,  in  which  the  construction  placed  on  the  Federal  Con- 
stitution by  the  Fathers  of  the  Confederacy  shall  be  fairly  presented, 
history  of  Texas,  elementary  agriculture,  and  a  graded  system  of 
writing  books;  provided,  that  none  of  the  said  text-books  shall  con- 
tain anything  of  a  partisan  or  sectarian  character,  and  that  nothing 
in  this  act  shall  be  construed  to  prevent  the  teaching  of  German, 
Bohemian,  Spanish,  French,  Latin  or  Greek  in  any  of  the  public 
schools  as  a  branch  of  study,  but  the  teaching  of  one  or  more  of 
these  languages  shall  not  interfere  with  the  use  of  the  text-books 
herein  prescribed  and  the  study  of  a  language  known  as  a  dead  lan- 
guage, such  as  Latin  and  Greek,  shall  never  be  made  compulsory  as 
a  requirement  for  the  completion  of  any  regular  course  of  study  in 
use  in  any  public  school  in  this  State,  without  providing  an  equiva- 
lent course  for  graduation,  equal  in  all  other  respects  to  such  course, 
containing  such  dead  language  or  languages,  which  shall  not  include 
the  same;  provided,  however,  that  nothing  herein  shall  be  construed 
to  prevent  the  use  of  supplementary  books.  The  Text-Book  Board 
shall  adopt  a  series  of  supplementary  reading  books  for  the  first, 
second  and  third  grades  and  each  bidder  presenting  books  for  adop- 
tion shall  state  at  what  price  the  readers  are  offered  as  basic  readers 
and  as  supplementary  readers.  Such  supplementary  books  shall  not 
be  used,  unless  approved  by  the  trustees  of  such  school  as  to  price, 
binding,  printing  and  general  arrangement,  and  they  shall  not  then 
be  used  to  the  exclusion  of  the  books  prescribed  under  the  provisions 
of  this  act.  But  full  use  must  be  made  in  good  faith  of  the  books 
adopted  under  this  act;  provided,  that  when  supplementary  books 
are  used,  they  shall  be  furnished  at  prices  to  be  fixed  by  the  trustees 
of  the  schools  in  which  they  are  used,  and  if  any  teacher  or  trustee 
shall  knowingly  and  directly  or  indirectly  receive  from  any  pupil 
a  greater  price  therefor,  he  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  not  less  than  fifty  dollars  nor  more 
than  one  hundred  dollars ;  provided,  that  no  trustee  or  teacher  shall 
ever  receive  any  commission  or  rebate  on  any  book  used  in  the  schools 
with  which  he  is  connected  as  such  trustee  or  teacher,  and  if  any  such 
trustee  or  teacher  shall  receive  or  accept  any  such  commission  or 
rebate,  he  shall  be  subject  to  the  penalty  above  provided;  provided, 
the  State  Board  of  Education  shall  be  empowered,  at  its  discretion, 


82  SCHOOL  LAWS  OF  TEXAS. 

to  authorize  the  school  authorities  of  any  city  acting  under  a  special 
charter  to  retain  in  use  any  book  or  books  now  in  use  in  the  public 
schools  of  said  city,  upon  application  therefor  to  said  Board  by  said 
authorities,  supported  by  proof  satisfactory  to  the  board  that  a 
change  therein  would  not,  considering  the  general  result,  save  ex- 
pense to  the  patrons  of  the  schools  of  said  city,  and  in  the  event  said 
board  should  grant  such  authority  or  [it]  shall  specify  the  books 
which  are  thus  permitted  to  be  retained  in  use  and  the  prices  to  be 
paid  therefor,  and  in  the  event  any  change  shall  be  made  therein, 
either  in  such  books  or  the  prices  thus  fixed,  such  authority  shall 
thereby  be  revoked.  No  such  authority  shall  be  given,  however,  un- 
less the  publishers  of  the  books  in  use  or  about  to  be  used  in  any 
such  city  shall  agree  in  writing  to  receive,  during  the  term  of  the 
contract  entered  into  under  the  provisions  of  this  act,  in  exchange 
for  such  books  any  of  the  books  adopted  by  the  Text-Book  Board 
herein  provided  for  under  regulations  and  at  prices  to  be  fixed  by 
the  State  Board  of  Education;  provided,  that  any  book  or  books  re- 
tained in  use  in  the  public  schools  of  cities  under  special  charters 
shall  be  furnished  to  the  pupils  at  a  price  as  low  as  the  price  of 
books  contracted  for  by  said  board.  [Acts  of  30th  Leg.,  1st  Called 
Session,  Chap.  9,  Sec.  1.] 

Note. — Supplementary  books  may  be  used  in  any  subject;  provided,  that 
when  such  books  are  used  the  prices  shall  be  fixed  by  the  board  of  trustees 
of  the  school  in  which  they  are  used  and  such  supplementary  books  shall  be 
npproved  by  the  board  of  trustees  as  to  binding,  printing  and  general  ar- 
rangement; provided  further,  that  if  supplementary  reading  is  used  for  the 
first  three  grades,  the  supplementary  readers  adopted  by  the  Text-Book  Board 
shall  be  used  in  good  faith  before  the  other  supplementary  readers  are  used. 
Supplementary  texts  may  be  used  prior  to,  concurrent  with,  or  subsequent  to 
the  basal  texts. 

SEC.  209.  Contractors  Shall  Establish  Depositories. — The  party 
with  whom  the  contract  has  been  made  shall  establish  and  maintain 
in  some  city  in  this  State  a  depository  where  a  stock  of  their  goods 
to  supply  all  immediate  demands  shall  be  kept;  all  contractors  not 
maintaining  their  own  individual  or  separate  State  agencies  or  de- 
positories shall  maintain  a  joint  State  agency  or  depository  to  be 
located  at  some  convenient  and  suitable  distributing  point  at  which 
general  depository  each  contractor  joining  in  said  joint  agency  shall 
keep  on  hand  a  sufficient  stock  of  books  to  supply  sub-depositories 
and  every  contractor  shall  establish  and  maintain  in  every  county 
in  the  State  having  an  enrollment  of  five  hundred  pupils  or  more  in 
the  public  schools  as  shown  in  the  last  preceding  report  to  the  county 
superintendent  on  file  in  the  office  of  the  State  Superintendent  of 
Public  Instruction  one  or  more  agencies,  one  of  which  shall  be  at  the 
county  seat.  At  each  county  seat  as  above  provided,  and  in  every 
city  in  this  State  containing  1000  inhabitants  or  over,  shall  be  main- 
tained an  agency  carrying  a  sufficient  stock  of  all  books  contracted 
for  to  supply  all  immediate  demands.  Provided,  that  in  the  coun- 
ties not  entitled  to  a  depository  under  the  conditions  as  provided  for 
in  this  act,  contractors  shall  supply  such  adopted  books  under  such 
rules  and  regulations  as  may  be  prescribed  by  the  State  Board  of 
Education.  Any  person,  dealer  or  school  board  in  any  county  in 


STATE  ADOPTED  TEXT-BOOKS.  83 

the  State  may  order  from  the  central  agency,  and  the  books  so  or- 
dered shall  be  furnished  at  the  same  rates  and  discount  as  are  granted 
to  agents  of  the  county  seat;  provided,  that  the  price  of  books  so 
ordered  be  paid  in  advance.  Upon  failure  of  any  contractor  under 
the  provisions  of  this  act,  to  furnish  the  books  as  provided  in  the 
contract  and  in  this  act  the  county  judge  in  the  county  wherein  such 
books  have  not  been  so  furnished  shall  report  the  fact  to  the  Attorney 
General  and  he  shall  bring  suit  on  account  of  such  failure  in  the 
name  of  the  State  of  Texas,  in  the  district  court  of  Travis  county, 
and  shall  recover  on  the  bond  given  by  such  contractor  for  the  full 
value  of  the  books  not  furnished  as  required  and  in  addition  thereto 
the  sum  of  one  hundred  dollars  ($100)  and  the  amounts  so  recov- 
ered shall  be  placed  to  the  credit  of  the  available  school  fund  of  the 
State.  Unorganized  counties  shall  be  furnished  from  the  same  agency 
as  the  county  to  which  said  unorganized  county  is  attached  for  ju- 
dicial purposes  in  the  same  manner  as  such  organized  county.  [Acts 
of  30th  Leg.,  1st  Called  Session,  Chap.  9,  Sec.  8.] 

Note: — Teachers  and  trustees  are  forbidden  to  act  as  agents  for  any  school 
books.  They  may,  however,  order  from  the  central  depositories  the  adopted 
books  for  use  in  the  school  they  represent;  provided,  that  they  may  not  re- 
ceive for  such  service  any  commission,  discount  or  rebate,  and  in  such  cases 
the  purchase  price  shall  be  paid  to  the  depositories  in  advance.  When  books 
are  so  ordered  they  shall  be  purchased  at  the  usual  discounts  allowed  to 
agents,  but  such  discounts  shall  accrue  to  the  benefit  of  the  pupils. 

The  law  requires  that  a  depository  be  maintained  at  the  county  seat  of  each 
county  having  a  census  enrollment  of  500  or  more  scholastics,  and  in  addition 
a  depository  must  be  maintained  in  each  city  having  1000  inhabitants  or  over. 
The  State  Superintendent  rules  that  every  town  or  incorporated  district  hav- 
ing a  scholastic  population  of  250  or  more  is  entitled  to  a  depository. 

SEC.  210.  Period  of  Use  of  Present  Adopted  Books. — The  books 
adopted  by  the  board  under  the  provisions  of  this  act  shall  be  intro- 
duced and  used  as  text-books  to  the  exclusion  of  all  others  in  the  pub- 
lic free  schools  of  this  State,  for  a  period  covering  five  scholastic 
years,  beginning  September  1,  1908;  provided,  nothing  in  this  act 
shall  be  construed  to  prevent  or  prohibit  the  patrons  of  the  public 
schools  thoughout  the  State  from  procuring  books  in  the  usual  way 
in  the  event  that  no  contracts  are  made  or  in  the  event  that  the  con- 
tractor fails  or  refuses  to  furnish  the  books  provided  for  in  this 
act  at  the  time  that  said  books  are  required  for  use  in  the  schools. 
[Acts  of  30th  Leg.,  1st  Called  Session,  Chap.  9,  Sec.  10.] 

SEC.  211.  Penalty. — Any  school  trustee  who  shall  prevent  or  aid 
in  preventing  the  use  in  any  public  school  in  this  State  of  the  books 
or  any  of  them  as  adopted  under  the  provisions  of  this  act,  or  any 
teacher  in  this  State  who  shall  wilfully  fail  or  refuse  to  use  the  books 
adopted  under  the  provisions  of  this  act,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  fined  in  any  sum  not  less  than 
five  dollars  nor  more  than  fifty  dollars  for  each  offense  and  each  day 
of  such  wilful  failure  or  refusal  by  said  teacher  or  wilful  prevention 
of  the  use  of  the  books  by  said  school  trustee  shall  constitute  a  sep- 
arate offense.  [Acts  of  30th  Leg.,  1st  Called  Session,  Chap.  9,  Sec. 
11.] 

SEC.  212.  State  Assumes  no  Lialibity  to  Contractors. — It  shall  be 
part  of  the  terms  and  conditions  of  every  contract  made  in  pursuance 


84  SCHOOL  LAWS  OF  TEXAS. 

of  this  act  that  the  State  of  Texas  shall  not  be  liable  to  any  contractor 
thereunder  for  any  sum  whatever,  but  all  such  contractors  shall  re- 
ceive compensation  solely  and  exclusively  from  the  proceeds  of  the 
sale  of  school  books  as  provided  in  this  act,  and  it  is  hereby  provided 
that  the  State  shall  have  the  right  to  terminate  said  contract  when- 
ever the  law  is  repealed  or  amended,  altered  or  qualified  as  to  make 
necessary  or  expedient  that  such  contract  should  be  revoked  and  all 
contracts  shall  contain  a  stipulation  to  that  effect.  The  State  may 
at  its  election  cancel  any  contract  entered  into  by  virtue  of  the  pro- 
visions of  this  act,  for  fraud  or  collusion  upon  the  part  of  either 
party  to  the  contract,  or  any  member  of  the  board,  or  any  person, 
firm,  corporation  or  their  agents  making  said  bond  or  contract,  and 
for  the  cancellation  of  any  such  contract  the  Attorney  General  is 
hereby  authorized  to  bring  suit  in  the  proper  court  of  Travis  county, 
and  in  case  of  the  cancellation  of  any  contract  as  provided  for,  the 
damages  are  fixed  at  not  less  than  the  amount  of  said  bond,  to  be 
recovered  as  liquidated  damages  in  the  same  suit  cancelling  said  con- 
tract; and  on  account  of  the  difficulty  in  determining  the  damage 
that  might  accrue  by  reason  of  such  fraud  and  cancellation  of  such 
contract,  the  full  amount  of  the  bond  given  by  any  contractor  shall 
be  considered  as  liquidated  damages  to  be  recovered  out  of  said  bond 
by  the  State  at  the  suit  of  the  Attorney  General,  and  every  contract 
shall  contain  a  clause  to  this  effect.  [Acts  of  30th  Leg.,  1st  Called 
Session,  Chap.  9,  Sec.  6.] 

SEC.  213.  Process  to  Be  Served  on  Secretary  of  State. — Any  per- 
son, firm  or  corporation  with  whom  a  contract  has  been  entered  into 
under  the  provisions  of  this  act  shall  designate  the  Secretary  of  State 
of  Texas,  as  its  or  their  agent  upon  whom  citation  and  all  other 
writs  and  process  may  be  served  in  the  event  any  suit  shall  be 
brought  against  such  person,  firm  or  corporation.  [Acts  of  30th 
Leg.,  1st  Called  Session,  Chap.  9,  Sec.  13.] 


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APPENDIX  A 


STATE  INSTITUTIONS  OF  LEARNING. 

THE   UNIVERSITY   OF   TEXAS. 

For  the  law  governing  The  University  of  Texas,  see  Revised  Civil 
Statutes  of  1895,  Title  LXXXVI,  Chapters  1  and  2;  Acts  of  the 
Twenty-fourth  Legislature,  Chapter  110,  page  169,  Acts  of  the  Twen- 
ty-ninth Legislature,  Chapter  100,.  page  150. 

AGRICULTURAL   AND    MECHANICAL   COLLEGE   OF   TEXAS. 

For  the  law  governing  the  Agricultural  and  Mechanical  College 
of.  Texas,  see  Revised  Civil  Statutes,  Title  LXXXVI,  Chapter  3; 
Acts  of  Twenty-sixth  Legislature,  Chapter  10,  page  9,  and  Chapter 
21,  page  21 ;  Acts  of  Twenty-eighth  Legislature,  Chapter  54,  page  74. 

TEXAS    INDUSTRIAL    INSTITUTE    AND    COLLEGE    FOR    THE ,  EDUCATION     OF 

WHITE  GIRLjl  OF  THE  STATE  OF  TEXAS  IN  THE 

ARTS   AND   SCIENCES. 

For  the  law  establishing  the  Texas  Industrial  Institute  and  Col- 
lege for  the  Education  of  White  Girls  of  the  State  of  Texas  in  the 
Arts  and  Sciences,  see  Acts  of  the  Twenty-seventh  Legislature,  Chap- 
ter 132,  page  306. 

SAM   HOUSTON   NORMAL   INSTITUTE. 

For  the  law  governing  the  Sam  Houston  Normal  Institute,  see  Re- 
vised Civil  Statutes,  Title  LXXXVI,  Chapter  4. 

NORTH   TEXAS   STATE  NORMAL   COLLEGE. 

For  the  law  governing  the  North  Texas  State  Normal  College,  see 
Acts  of  Twenty-sixth  Legislature,  Chapter  53,  page  74,  and  Acts  of 
Twenty-seventh  Legislature,  Chapter  10,  page  10. 

SOUTHWEST  TEXAS  NORMAL  SCHOOL. 

For  the  law  establishing  and  governing  the  Southwest  Texas  Nor- 
mal School,  see  Acts  of  Twenty-sixth  Legislature,  Chapter  103,  page 
175,  and  Acts  of  Twenty-seventh  Legislature,  Chapter  29,  page  33. 

WEST  TEXAS  STATE  NORMAL  COLLEGE. 

For  the  law  establishing  and  governing  the  West  Texas  State  Nor- 
mal College,  see  Acts  of  Thirty-first  Legislature,  Chapter  119. 


APPENDIX  A.  89 

THE  STATE  INSTITUTION  FOR  THE  TRAINING  OF  JUVENILES. 

For  the  law  governing  The  State  Institution  for  the  training  of 
Juveniles,  see  Chapter  56,  Acts  of  the  Thirty-first  Legislature. 

PRAIRIE  VIEW  STATE  NORMAL  AND  INDUSTRIAL  COLLEGE. 

(For  Colored  Youths.) 

For  the  law  governing  the  Prairie  View  Normal  Collegee,  see  Re- 
vised Civil  Statutes,  Title  LXXXVI,  Chapter  5;  Acts  of  Twenty- 
sixth  Legislature,  Chapter  185,  page  325 ;  Acts  of  Twenty-seventh 
Legislature,  Chapter  30,  page  35. 


APPENDIX  B 


STATE  NORMAL  SCHOOL  BOARD  OF  REGENTS. 

(See  Acts  32nd  Leg.,  1st  Called  Session.) 

SECTION  1.  That  immediately  after  the  passage  of  this  Act  there 
shall  be  appointed  a  board  to  be  known  as  the  State  Normal  School 
Board  of  Regents,  said  board  to  be  composed  of  the  State  Superin- 
tendent of  Public  Instruction,  and  five  other  members  to  be  selected 
as  provided  in  Section  2  of  this  Act. 

SEC.  2.  Immediately  after  this  act  shall  go  into  effect,  the  Gov- 
ernor shall,  by  and  with  the  advice  and  consent  of  the  Senate,  ap- 
point four  persons  of  good  education  and  of  high  moral  character, 
known  to  be  friendly  to  the  Normal  Schools  of  Texas,  who,  together 
with  the  State  Superintendent  of  Public  Instruction,  shall  constitute 
the  State  Normal  School  Board  of  Regents  for  the  control  and  man- 
agement of  the  State  Normal  Schools  for  white  teachers  in  Texas. 

SEC.  3.  The  State  Superintendent  of  Public  Instruction  shall  be 
ex  officio  president  of  the  State  Normal  School  Board  of  Regents,  and 
the  Chief  Clerk  of  the  State  Department  of  Education  shall  be  ex 
officio  secretary  of  the  said  Board  of  Regents,  and  it  shall  be  his 
duty  to  make  and  keep  a  record  of  the  proceedings  of  all  the  meet- 
ings of  the  Board,  and  to  perform  such  other  clerical  duties  as  said 
board  may  impose  upon  him,  but  it  is  specifically  provided  that  the 
said  Chief  Clerk  shall  not  be  entitled  to  a  vote  in  the  transaction 
of  the  business  of  the  board. 

SEC.  4.  All  appointive  members  of  the  Board  of  Regents  shall  be 
appointed  for  a  term  of  two  years,  and  shall  hold  office  until  their 
successors  are  appointed  and  qualified,  and  all  vacancies  on  the 
Board  of  Regents  caused  by  death,  resignation  or  otherwise,  shall  be 
filled  by  appointment  as  provided  in  Section  2  of  this  Act ;  provided, 
that  if  such  vacancies  occur  when  the  Legislature  is  not  in  session 
the  Governor  shall  fill  such  vacancies  by  appointment  subject  to  rati- 
fication by  the  Senate  at  the  next  session  of  the  Legislature. 

SEC.  5.  The  Board  of  Regents  shall  be  charged  with  the  responsi- 
bility of  the  general  control  and  management  of  all  State  Normal 
Schools  for  white  teachers  now  established  or  that  may  be  established 
in  the  future  in  Texas,  and  shall  have  authority  to  erect,  equip  and 
repair  buildings ;  to  purchase  libraries,  furniture,  apparatus,  fuel,  and 
other  necessary  supplies ;  to  employ  and  discharge  presidents  or  prin- 
cipals, teachers,  treasurers  and  other  employes ;  and  to  fix  the  salaries 
of  the  persons  so  employed,  it  being  made  the  duty  of  the  principal  of 
each  of  the  State  Normal  Schools  to  nominate  annually  to  the  Board 
of  Regents  such  professors,  teachers,  officials  and  assistants  as  in  his 
opinion  will  promote  the  best  interests  of  the  institution;  provided, 
that  no  obligations  may  at  any  time  be  incurred  that  can  not  be  dis- 
charged by  the  amount  of  money  appropriated  by  the  Legislature  for 
such  purposes,  except  as  provided  in  Section  7  of  this  act. 


APPENDIX  B.  91 

SEC.  6.  It  shall  be  the  duty  of  the  Board  of  Regents  to  visit  each 
State  Normal  School  under  its  control  and  management  at  least  once 
during  each  scholastic  year  for  the  purpose  of  making  an  inspection 
of  its  work  and  gathering  such  information  as  will  enable  said  board 
to  perform  its  duties  intelligently  and  effectively. 

SEC.  7.  The  Board  of  Regents  herein  provided  for  shall  have  au- 
thority to  determine  what  departments  of  instruction  shall  be  main- 
tained in  the  State  Normal  Schools  for  white  teachers,  and  what  sub- 
jects of  study  shall  be  pursued  in  each  department;  providing,  that 
said  board  shall  not  change  departments  of  instruction  provided  by 
law ;  provided,  that  no  department  shall  be  established  for  the  support 
of  which  no  provision  has  been  made  by  the  Legislature.  The  board 
shall  also  have  authority  to  fix  the  rate  of  incidental  fees  to  be  paid  by 
students  attending  the  State  Ncrmal  Schools  for  white  teachers,  and 
to  prescribe  rules  for  the  collection  of  such  fees  and  for  the  disburse- 
ment of  such  funds. 

SEC.  8.  The  Board  of  Regents  shall  make  an  annual  report  to  the 
Governor  of  Texas,  showing  the  general  condition  of  the  affairs  of  each 
State  Normal  School  for  white  teachers,  and  making  such  recommenda- 
tions as  the  board  may  deem  best  for  the  future  management  and  wel- 
fare of  the  State  Normal  Schools  for  white  teachers. 

SEC.  9.  The  Board  of  Regents  shall  have  authority  to  determine  the 
conditions  on  which  students  may  be  admitted  to  the  State  Normal 
Schools,  and  what  grades  of  certificates  may  be  issued  to  students  at- 
tending said  schools,  and  on  what  conditions  certificates  and  diplomas 
may  be  issued  to  students,  and  by  what  authority  said  certificates  and 
diplomas  shall  be  signed. 

SEC.  10.  The  Board  of  Regents  shall  meet  each  year  in  the  office  of 
the  State  Superintendent  of  Public  Instruction,  at  Austin,  Texas,  on 
the  first  Monday  in  May,  or  as  soon  thereafter  as  practicable,  for  the 
transaction  of  business  pertaining  to  the  affairs  of  the  State  Normal 
Schools,  and  at  such  other  times  and  places  as  may  in  the  opinion  of  a 
majority  of  the  members  of  the  board  be  deemed  necessary  for  the  wel- 
fare of  the  State  Normal  Schools.  The  appointed  members  of  the 
Board  of  Regents  shall  receive  a  salary  of  $5.00  per  day  for  the  time 
spent  attending  the  meetings  provided  for  in  this  act,  and  in  addition 
thereto  the  amount  of  their  traveling  expenses,  said  compensation  to 
be  paid  to  the  several  members  of  the  board  out  of  the  appropriation 
for  the  support  and  maintenance  of  the  State  Normal  Schools  as  the 
board  may  direct. 

SEC.  11.  All  appropriations  made  by  the  Legislature  for  the  sup- 
port and  maintenance  of  State  Normal  Schools  for  white  teachers,  for 
the  purchase  of  land  or  buildings  for  the  use  of  such  schools,  for 
the  erection  or  repair  of  buildings,  for  the  purchase  of  apparatus,  libra- 
ries or  equipment  of  any  kind  or  for  any  other  improvement  of  any 
kind,  shall  be  disbursed  under  the  direction  and  authority  of  the  Board 
of  Regents;  and  said  board  shall  have  power  to  formulate  and  estab- 
lish such  rules  for  the  general  control  and  management  of  the  State 
Normal  Schools  for  white  teachers,  for  the  auditing  and  approving  of 
accounts,  and  for  the  issuance  of  vouchers  and  warrants  as  in  their 
opinion  may  be  necessary  for  the  efficient  administration  of  such 
schools ;  provided,  that  such  board  shall  file  in  each  House  of  the  Legis- 


92  SCHOOL  LAWS  OP  TEXAS. 

lature  at  each  of  its  regular  biennial  sessions,  a  statement  of  the  re- 
ceipts and  expenditures  of  each  of  said  Normal  Schools,  showing  the 
amount  of  salaries  paid  to  the  various  teachers,  contingent  expenses, 
expenditures  for  improvements,  etc.,  together  with  such  recommenda- 
tions as  the  board  may  see  proper  to  submit  relative  to  the  appropria- 
tion for  said  schools  to  be  made  by  the  Legislature. 

SEC.  12.    All  laws  and  parts  of  laws  in  conflict  with  any  of  the  pro- 
visions of  this  act  shall  be,  and  are,  hereby  repealed. 


APPENDIX  C 


STATE  SANITARY  CODE. 

( The  following  sections  of  the  State  Sanitary  Code  apply  to  public 
schools. ) 

RULE  15.  Quarantinable  for  School  Purposes;  Barred  from  School 
Twenty-one  Days. — Persons  suffering  from  measles,  whooping  cough, 
mumps,  German  measles  (rotheln)  and  chicken-pox,  shall  be  required 
.to  be  barred  from  school  for  twenty-one  days  (at  the  discretion  of  the 
lotfal  health  officer)  from  date  of  onset  of  the  disease,  with  such  addi- 
tional time  as  may  be  deemed  necessary,  and  may  be  readmitted  on  a 
certificate  by  him  attesting  to  their  recovery  and  non-infectiousness. 

RULE  16.  Minor  Diseases  to  Be  Excluded  During  Illness. — Those 
actually  suffering  from  tonsilitis,  scabies  (itch),  impetigo  contagioso, 
favus,  shall  be  excluded  from  school  during  such  illness  and  be  re- 
admitted on  the  certificate  of  the  attending  physician  attesting  to 
their  recovery  and  non-infectiousness. 

RULE  26.  Persons  With  Trachoma  or  Contagious  Catarrhal  Con- 
junctivitis to  Be  Excluded  From  Schools. — Persons  afflicted  with 
trachoma,  granulated  lids,  or  contagious  catarrhal  conjunctivitis  must 
be  excluded  from  schools,  public  assemblages  and  from  close  associa- 
tion with  other  individuals,  unless  they  are  under  the  constant  care  and 
strict  supervision  of  a  competent  physician,  and  hold  a  certificate  from 
said  physician  stating  that  active  inflammation  has  subsided,  said  cer- 
tificate to  be  countersigned  by  the  local  health  authority. 

RULE  27.  Schools  Temporarily  Closed  and  Disinfected. — A  school 
house  wherein  a  child  suffering  with  smallpox,  scarlet  fever  or  diph- 
theria has  been  present,  shall  be  deemed  infected,  and  must  be  tem- 
porarily closed  and  thoroughly  disinfected. and  cleaned  under  the  su- 
pervision of  the  local  health  authority  before  the  reopening  of  the 
school. 

RULE  28.  School  May  Be  Reopened  After  Disinfection  and  Vacci- 
nation.— In  the  event  of  the  aforementioned  disease  being  smallpox 
and  in  case  the  Board  of  Trustees  having  passed  a  regulation  requiring 
a  successful  vaccination  of  all  teachers  and  pupils,  the  school  may  be 
reopened  immediately  after  the  above  disinfection  and  cleaning,  and 
all  teachers  and  pupils  who  have  been  successfully  vaccinated  may  re- 
turn ;  otherwise  the  school  shall  be  kept  closed  eighteen  days,  or  until 
the  local  health  authority  directs  otherwise. 

RULE  29.  Health  Authority  to  Notify  Superintendents  of  Pupils 
From  Infected  Houses. — The  local  health  authority  shall  notify  the 
superintendent  or  principal  of  any  school  of  the  locations  of  quaran- 
tagion. 

RULE  30.  Children  With  Contagious  Diseases  Shall  Not  Attend 
School. — No  superintendent,  principal  or  teacher  of  any  school,  and 


94  SCHOOL  LAWS  OF  TEXAS. 

no  parent,  master  or  guardian  of  any  child  or  minor,  having  the  power 
and  authority  to  prevent,  shall  permit  any  such  child  or  minor,  hav- 
ing any  quarantinable  disease,  or  any  child  residing  in  any  house  in 
which  any  such  disease  exists  or  has  recently  existed,  to  attend  any 
public,  private,  parochial,  church  or  Sunday  school  until  the  require- 
ments of  these  rules  shall  have  been  complied  with. 


INDEX. 


(The  numbers  refer  to  sections.) 

Abandonment  of  teachers'  contracts 101 

Accounts  of  sources  of  school  fund,  to  be  kept ....:..  33,  34,  35,  36 

Against  school  fund,  must  be  approved  by  State  Superintendent. 24 

With  counties,  cities  and  towns. 30 

With  school  districts 55,  56 

Admission  of  pupils  of  scholastic  age.  . .  .  . .68,  69,  137 

Of  pupils  over  and  under  scholastic  age 71,  137,  205 

Affidavit — 

In  case  of  challenge  of  voter Ill 

In  appeals  to  State  Superintendent 24 

To  age  of  children 60 

To  census  rolls  and  summaries 60   (b)   60   (d) 

To  petition  for  extension  of  school  corporation 169 

To  teachers'  reports 79   (c) 

To  teachers'  vouchers 138 

Agricultural  and  Mechanical  College.    .(See  Appendix  A.) 

Agriculture — 

In  public  schools -. .78,  140,   141 

Aldermen,  Board  of,  (See  City  Council.) 

Alteration  of  certificates,  penalty  for. 102 

Appeals — 

To  county  superintendent 24,  42,  135 

To  county  board ..24,42,135 

To  State  Board  of  Education 23,  101 

To  State  Superintendent 24,  101 

Application  for  transfer  of  children 62,  63 

Applicant  for  teachers'  certificate  (See  Certificates,  Teachers'). 

Must  be  recommended  by  county  superintendent 81 

Must  be  of  good  moral  character 82 

Must  speak  English  language 82 

Sale  of  questions  to 98 

Fees  of 81 

Apportionment  of  school  fund — 

By  county  superintendent  and  county  board  of  education. 

44,  55,  56,  147 

By  State  Board  of  Education 9 

By  State  Superintendent 32 

Between  white  and  colored  schools  in  common  school  district.  .      66 

Assessor,  county — 

Assesses  district  building  bond  tax 120 

Assesses  common  school  district  tax 106,  115 

Fees 115,  120,  165 

May  assess  special  tax  in  independent  district. 165 

Assessor  and  collector,  towns  and  villages 164,   165 

Assessors,  incorporated  city  (see  Cities  and  Towns) 191 

Attend  public  schools,  who  may '.,".  .  .  .  .  ...  .  .  68,  69,  71,  137,  205 

Attorney,  county  or  district,  shall  bring  suit,  when ...133, 164 

Attorney  General,  passes  upon  validity  of  bonds 13,  16,  118,  166 

Automatic  Tax  Board 3 

Available  school  fund,  what  constitutes   (Constitution  of  Texas,  Ar- 
ticle 7,  sections  5  and  6) .  .  . '. 1,  2,  3,  5,  6 

Balances  of  school  fund  unexpended  in  county 56 

Ballot 108,  113,  114,  117,  163,   198 

Bequests,  gifts,  etc.,  for  schools 129,   182 


96  INDEX. 

Board  of  aldermen.     (See  City  Council.) 

Board  of  education.     (See  State  Board  of  Education.) 

Board  of  examiners.     (See  Certificates,  Teachers':  Examinations  ) 

City 91 

County — appointed 45,   go 

compensation 81 

grade  papers 81 

do  not  grade  papers  of  applicants  for  State  certificates.  ...      81 

time  of  meeting 80 

State 99 

appointed    99 

duties  of 80 

pass   on   colleges   and   universities,   certificates   and   diplo- 
mas from  other  states 90,   93 

Boards  of  trustees.      (See  Trustees.) 

Bonds  for  investment  of  school  fund  (Const.,  art.  7,  sec.  4.)  .  .  .12-19,   118 

For  investment  of  sinking  funds 166,   167 

Suits  on,  jurisdiction  of  courts 18 

Validity  of,  after  purchase  with  school  funds 15,  17,  19 

For  schoolhouses  in  common  school  districts 116-121 

For  schoolhouses  in  independent  districts 160-165 

For  schoolhouses  in  cities  and  towns 184 

Refunding  bonds 168 

Bond,  official — 

Of  county  judge 49 

Of  county  superintendent 41 

Of  county  depository.  .'.... 52,  53,  54 

Of  treasurer  of  school  board 52,  202 

Branches  to  be  taught  in  public  schools 78 

Bribery,  punishable  (see  note) 136 

Census,  scholastic 59,   60 

Abstracts  of 60  (d) 

Fees  for  taking 60   (a),  60   (f) 

Returns  of 60  (b),  60  (d) 

Inspected  by  State  Superintendent .  . . 60   (e) 

In  districts 60 

In  independent  districts 60  (g) 

Penalties 60   (a),  60   (c) 

In  county  line  districts .    173 

Certificates,  teachers'.     (See  Board  of  Examiners;  Examiners;  Exam- 
inations.) 

Alteration  of,  prohibited 102 

Applicant  must  be  sixteen 96 

Cancellation  of 43,   101 

Cancellation  for  non-attendance  on  institutes 43 

Cancellation,  holders  must  have  notice 101 

Cancellation,  holders  have  right  to  appeal 101 

Examinations  must  be  written 81 

Examinations  must  be  in  English 81 

Teachers  must  have 72,  73 

City,  classes  of,  issued  by  one  city  recognized  in  another,  regu- 
lated by  city  school  board,  requirements  for,  term  of,  what 

cities  may  issue 91 

County — Examinations  for 80,  81 

examinations  for,  when  held 80 

grades  of 83 

outstanding  made  valid 97 

questions,  traffic  in 98 

raised,  certain  kinds  may  be 85,   87 

requirements  for  different  classes  of 84-94 

terms  of  validity 84-94 

Kindergarten 94 

Permanent  primary   85,86 

Recording  of  by  county  superintendent 95 

State  normal  school 87 


INDEX.  97 

State  permanent " 83-93 

University  of  Texas,  certificates  on  work  done 89 

Certificates  based  on  work  of  colleges  of  first  rank 90 

Certificates  based  on  permanent  certificates  and  diplomas  from 

normal  schools  outside  the  state 93 

City  board  of  examiners ,  91 

City  Council — 

Extend  city  limits  for  school  purposes  only 193 

Levy  school  taxes . 187,  188,   189 

Submit  question  of  school  taxation 186 

May  elect  trustees 195 

Cities  and  towns,  in  control  of  schools — 

Are  constituted  independent  districts 181. 

Assessor  and  collector 191 

Assume  control 177,   179 

Board  of  trustees — elected 196,   197 

authority  of 182,  203 

approve  petition  for  extension  of  school  limits 193 

are  a  body  corporate 182 

control  schools   182,   203 

eligibility    207 

elect  superintendent   .  .  .  .  ; 206 

hold  title  to  property 182,  203 

may  be  appointed  by  council 195 

sell  school  property 183 

take  oath  of  office 51,   201 

Bonds,  issue  and  purchase  of  (Const.,  art.  7,  sec.  4) 12-17 

District,  city  a  separate 181 

Election,  to  assume  control 178,   179 

of  trustees 195,   197 

to  levy  special  school  tax 186,   189 

Extend  scholastic  age 205 

Extend  boundaries  for  school  purposes  only.. 193 

Mayor  orders  election  to  assume  control 179 

Prescribe  additional  branches.  . 205 

Pro  rata  of  school  fund 180,   192 

Provide  for  school  buildings ." 184 

Scholastic  census  taken  by  trustee 60    (g) 

School  buildings 184 

School  property,  sale  of 183 

School  property,  title  in  board  of  trustees 182,   203 

School  tax,  levy  and  collection  of 185-192 

Treasurer — bond 53,   202 

duties 53,  54,  55,  56,  57,  58,  202 

elected  by  trustees 52,   202 

receives  school  funds 53,  190,   192 

reports  of    30,  58 

Trustees — appointed  by  council 195 

body  corporate 182 

eligibility 207 

elected 195,  197,   199 

to  fill  vacancies 204 

oath  of  office 51,   201 

organization  of  board 202 

powers  and  duties 182,  183,  190,  203-206 

receive  no  compensation 196 

Collection  of  taxes. 2,  115,  120,  164,  165,  191,  192,  202 

College  of  Industrial  Arts.      (See  Appendix  A.) 

Diplomas  from,  as  certificates 92 

Colored  children  an'd  race 66,  67,  68,  128,   133 

Commissioners  court — 

Approve  bond   of  county  superintendent  and  ex  officio   county 

superintendent 41,  49 

Approve  treasurer's  report 58 

Change  boundaries  of  independent  districts 170 


98  INDEX. 

Change  districts 103,   104 

Create  common  school  districts 103,   104 

Duty  to  preserve  county  school  fund 4 

Invest  county  school  funds  (Const.,  art.  7,  sec.  6) .....  .5,  6,  13,  118 

Issue  common  school  district  building  bonds 118 

Levy  school  district  tax 106,  115,   120 

Order  elections  for  creation  of  office  of  county  superintendent.  .  .      40 

Order  of  sale  of  school  property 125 

Pay  for  county  superintendent 47 

Sell  county  school  lands  (Const.,  art.  7,  sec.  6) 5 

Subdivide  county  into  school  districts 103,   104 

Common  school  districts.      (See  Districts,  Common  School;    District 
Tax;  Elections,  etc.) 

Comptroller  of  Public  Accounts — 

Acount  available  school  fund 33 

Countersigns  certificate  of  apportionment 9 

Invests  school  fund   (Const.,  art.  7,  sec.  4) 14 

Member  State  Board  of  Education  (Const.,  art.  7,  sec.  8) 

Report  of   '. 35 

Consolidation  of  school  districts — 

On  county  line 64 

By  commissioners  court 103 

By  agreement  of  trustees 64 

By  county  superintendent 61 

By  county  board  and  county  superintendent 144 

Contracts  for  building,  etc 123 

Contracts  of  trustees  with  teachers 45,  74,  101,  136,  137 

County  assessor.     (See  Assessor  of  County.) 

County  attorney — 

Legal  representative  of  independent  district 164 

Shall  bring  suit,  when 133 

County  collector 115.  120,   165 

County  depository — 

Bond 52 

Carries  over  balance  to  credit  of  district 56 

Keeps  account  with  each  district 55 

Keeps  itemized  account 58 

Makes  report 30,  58 

County  judge — 

.  .      Bond 49 

Compensation 50 

Duties  (see  County  Superintendent) 48 

Ex  officio  county  superintendent 48 

County  school  funds — 

Investment  of  (Const.,  art.  7,  sees.  4  and  6) 4,  5,  6,  13,  118 

Sources  of  (Const.,  art.  7,  sec.  6) 4,  5,  6 

County  superintendent — 

Appoints  census  trustees 

Appoints  board  of  examiners 45,80 

Apportions  school  fund 44,   55 

Approves  contracts  and  vouchers 45,  73,  136,  137 

Authority  over  certain  independent  districts 42 

Compensation 47 

Consolidate  districts   61 

Duties  and  powers 42-46,  61,  80 

Election  of 40 

Holds  institutes • 43 

Keeps  record   of  attendance  upon   institutes  and  summer  nor- 
mals   • 43  (B) 

May  appoint  trustees 61,  131 

Makes  roll  and  abstract  of  scholastic  census 60  (d,) 

May  cancel  teacher's  certificate 43,   101 

Oath  and   bond 41 

Office,  how  created 40 

Office  and  office  fixtures.  .  40 


INDEX.  99 

Qualifications 40 

Removal  from  office 43 

Reports  of 30,  42,  45,  60  (d) 

Stamps,  stationery,  expressage  and  printing 47 

County  superintendent,  ex  officio.     (See  County  Judge.) 
County  tax  assessor — 

Assesses  district  special  tax 115 

Assesses  building  bond  tax 120 

Fees 115,   165 

May  assess  tax  in  independent  district 165 

County  tax  collector — 

Collects  district  special  tax 115 

Collects  building  bond  tax  .....'. 120 

Fees 115,   165 

May  collect  tax  in  independent  district 165 

Pays  -over  school  tax 53,  54,   115 

Day  school 75 

Debt,  deficiency,  not  to  be  created 136 

Department  of  Education,  State 23-32 

Diplomas,  certain,  valid  as  certificates 87,  89,  90 

Permanent  certificates  to  holders  of 89,  90,  93 

Diseases,  contagious  and  infectious.     (See  Appendix  C.) 

District  attorney  shall  bring  suit,  when 133 

District  elections.     (See  Elections.) 

Districts,  common  school.     (See  also  Trustees  of  Common  School  Dis- 
tricts.) 

Authorized  (Const.,  art'.  7,  sec.  3)  — 

Buildings  bonds,  form  of 119 

rate  of  interest 118,   119 

tax  for 116,  121 

Changed 103,   104 

Consolidated .  61,  64,  104 

County  line 171,  172,   173 

Created    103,   104 

Commissioners  court  issue  bonds  on  credit  of 118 

Commissioners  court  levy  tax  on 115,   120 

Formed  by  commissioners  court 103,   104 

Hold  election  to  issue  building  bonds 116,   117 

Hold  election  for  maintenance  tax 107-113 

Minimum  size 103 

Validated    ,.  ...  103 

District,  independent.      (See  Cities  and  Towns;  School  Corporations; 

Trustees  of  Independent  Districts.) 
District  tax — 

Abolished,  increased  or  diminished 112,  113,  114 

Assessed  at  same  valuation  as  State  and  county  tax 106 

Authorized  (Const.,  art.  7,  sec.  3) :  .  .    106 

Election  to  vote  tax 106,   111 

how  ordered 107 

Hours  of  election 109 

Levied  and  collected 106,  115,   120 

Who  may  vote 110,   117 

To  provide  for  sinking  fund  for  building  bonds 120,  121 

In  public  schools 140,   141 

Elections — 

In  common  school  districts — 

to  abrogate  special  tax 112,  113 

to  diminish  special  tax 112,   113 

to  increase  special  tax 112,   114 

form  of  ballot 113,  114,   117 

order  of  county  judge 107 

challenge  of  voter Ill 

who  may  vote 110 

for  building  bonds 116,   117 

petition  for .  107,   116 


100  INDEX. 

of  trustees 130-133 

how  held 130,   131 

returns  of 132 

Hours  of  election ','m    109 

In  cities  and  towns — 

to  assume  control  of  schools. 179 

to  change  method  of  electing  trustees 195 

to  levy  special  tax 185,   189 

may  be  held  only  once  a  year 187 

of  trustees.     (See  below.) 

ordered  by  mayor 179,  195 

In  towns  and  villages — 

to  incorporate  for  school  purposes 153,  154 

to  vote  taxes  and  issue  bonds 160 

petition  for    161 

how  held 161 

notice  of 162 

who  may  vote 163 

form  of  ballot 163 

of  trustees    153,  155 

Of  city  superintendent 206 

Of  county  superintendent 40 

Of  State  superintendent 23 

Of  trustees  in  independent  district — 

change  of  method 195 

county  judge  orders  first  election 153,  155,  196,   197 

who  may  vote 199 

ordered  by  trustees 197 

how  held 197 

to  fill  vacancy 204 

by  board  of  aldermen 195 

of  treasurer  of  board 52,   202 

To  create  office  of  county  superintendent 40 

Eleemosynary  institutions — 

Independent  district,  created  by  State  Board  of  Education 20 

Scholastic  census  of 21 

School  funds  transferred  to 22 

Trustees  appointed 21 

eligibility  of 21 

English  language,  teachers  must  use.  .  . 80,   84 

Examination  fees 80,  81 

Examinations.     (See  Certificates,  Teachers';  Board  of  Examiners,  etc.) 

When  held 80 

Questions  prepared  by  State  Superintendent 80 

Sale  of  questions 98 

Examiners,  board  of.     (See  Board  of  Examiners;  Certificates,  etc.) 

City 91 

County 45,   80 

State    80,   99 

Expenditure  of  school  funds 57,  122,  123,  136,  181,  202 

Extension  of  corporate  boundaries — 

Of  city  limits  for  school  purposes  only 193 

Of  school  corporation  in  town  or  village 169,   170 

Carries  tax  liability 169,   193 

School  tax  collected 169,   193 

Extension  of  scholastic  age — 

In  common  school  districts 137 

In  cities  and  towns 205 

Fees — 

Assessor  and  collector,  independent  district. 164,  165,191 

Census 57    (a),  60    (f) 

County  assessor 115,  120,  165 

County  collector 115,  120,   165 

County  superintendent 57  (a),  60  (f) 

Examination 80 


INDEX.  101 

Fund,  available  school.     (See  Apportionment.) 

Used  for  certain  purposes  only 57  (a) 

Appropriated  alike  to  white  and  colored 66 

Balances  of,  in  county 56 

What  constitutes  (Const.,  art.  7,  sees.  3,  5) 1-6 

Permanent  State — 

investment  of  (Const.,  art.  7,  sec.4) 12,  13,  '14 

what  constitutes  (Const.,  art.  7,  sec.  5). 
Permanent  county — 

investment  of  (Const.,  art..  7,  sec.  6) 5,  6,  13,  118 

Perpetual — 

what  constitutes  (Const.,  art.  7,  sec.  2). 

Furniture,  for  schools,  fund  for 57   (b) 

Girls'  Industrial  School.      (See  College  of  Industrial  Arts.) 

Governor 7,28,  29,  38 

Health  Code   (Appendix  C). — 

Holidays,   schools   observe 75 

Holidays,  legal ^.  .      76 

Houses,  school,  for  districts-: — 

Commissioners  court  orders  sale  of 125 

For  white  and  colored ......    128 

Funds  for  building 57  (b) 

Funds  arising  from  district  building  bonds 122 

Leased     57    (b) 

No  lien  on 124 

Trustees   contract   to   build 123 

Trustees  may  sell 125 

Under  control  of  trustees 126 

In  cities  and  towns.     (See  Cities  and  Towns.) 

Independent  districts.     (See  School  Corporations,  Cities  and  Towns.) 

County  superintendent's  authority  over 42,   52,, 

Industrial  Institute  and  College  for  White  Girls.      (See  Appendix  A.) 

Institutes — 

City  teachers' 43 

County  teachers'   43,  43A,  43B 

Investment — 

Of  permanent  State  fund  (Const.,  art.  7,  sec.  4) ...  .12,  13,  14,   118 

Of  permanent  county  fund  (Const.,  art  7,  sec.  4) 5,  6,  13,  118 

Of  sinking  funds 166,   167 

Juveniles,  State  Institution  for  the  Training  of  (See  Appendix  A). 

Kindergartens — 

Establishment  of 100 

Teachers  in    . 94 

Lands — 

County  school — 

held  in  trust  (Const.,  art.  7,  sec.  6) 4 

proceeds  invested  (Const.,  art.  7,  sec.  6) 5,  6,  13,   118 

proceeds,  lease  or  rent,  available  fund 6 

proceeds,  sale  of  timber,  available  fund 6 

State  school — 

constitutional  provisions  (Const.,  art.  7,  sees.  2,  4,  5). 
proceeds  invested  (Const.,  art.  7,  sec.  4) 12,  13,  118 

Lien,  no  person  to  acquire  on  school  property 124 

Manual  Training — 

In  public  schools 140,   141 

Mayor  orders  election  to  assume  control  of  schools 179 

To  determine  manner  of  choosing  trustees  in  cities.  ., 195 

To  choose  trustees 195 

Month,  school 75 

Normal.      (See  State  Normal  Schools.) 

(See  Sam  Houston  Normal  Institute.) 
(See  Summer  Normal  Institutes.) 
(See  Prairie  View  Normal  School.) 
(See  North  Texas  Normal  College.) 
(See  Southwest  Texas  Normal  School.) 
(See  West  Texas  State  Normal  College.) 


102  INDEX. 

Normal  school  certificates 87 

Diplomas  as  certificates 87 

Normal,  summer.     (See  Summer  Normal.) 

North  Texas  Normal  College.     (See  Appendix  A.) 

Oaths,  administered  by — 

County   superintendent    79  (c) 

Census  trustee 60 

Oaths,  no  fees  for 79  (c) 

Oath  of  school  officer 51 

Census  trustee : ".  .  .  .      60  (b) 

County  judge  .  .  .  . 49 

County  superintendent 41,   60  (d) 

State  Superintendent •. 23 

Trustees . .  .51,  130,  201 

Office  of  county  superintendent,  in  courthouse.  . 40 

Officers,  school — 

Observe  instructions  of  State  Superintendent .25,  136 

Take  oath  of  office 51,  130,  201 

Over  and  under  scholastic  age,  pupils,  admitted 71 

Orphans'  homes,  as  independent  districts 20 

Peabody  Normal  College 87 

Perpetual  school  fund  (Const.,  art.  7,  sec.  2.) 

Petitions — 

For  election  to  assume  control 179 

For  extension  of  school  boundaries  of  city 193 

For  extension  of  school  corporation 169 

For  election  of  trustees  in  cities 195 

For  election  to  vote  local  tax - 107 

For  election  to  abrogate,  diminish  or  increase  local  tax 112 

For  election  to  vote  district  building  bonds 116 

For  election  for  issuance  of  bonds  in  school  corporation 161 

For  election  to  create  office  of  county  superintendent 40 

Prarie  View  Normal  School.     (See  Appendix  A.) 

Property,  school — 

Control  of  (see  also  Cities  and  Towns) 126,  182,  203 

Title  to  (see  also  Cities  and  Towns) 129,  182,  203 

Pro  rata  of  school  fund — 

Cities  and  towns.     (See  Cities  and  Towns.) 

Counties.      (See   Apportionment.) 

Districts.     (Pee  Apportionment.)   • 

Towns  and  villages.     (See  School  Corporations.) 

Public  schools,  system  of — 

Duty  of  Legislature  to  maintain  (Const.,  art.  7,  sec.  1). 
Maintained  six  months  (Const.,  art.  7,  sec.  3). 

Purchase  of  school  property 57    (b),  125,  183 

Questions,   examination — traffic   in 

Race — colored  children,  who  are 67 

Impartial  provisions  for  both  (Const.,  art.  7,  sec.  7) ........  66,  1 

Schoolhouses  erected  by  each  race 128 

Separate  schools  for  (Const.,  art.  7,  sec.  7) 68,  133 

Records — 

Of  attendance  on  teachers'  institutes  and  summer  normals 43A 

Of  State  Board  of  Education ' w.  8 

Of  certificates 91,   95 

Teachers  keep    79  (a) 

Registers,  teachers  keep 79  (a) 

Rent  of  houses  for  schools 57  (b) 

Repair  of  schoolhouses    57  (b) 

Reports — 

Failure  to  make,  punishable 30 

Of  county  boards  of  examiners 81 

Of  State  Board  of  Examiners .' 80 

on  colleges 90 

Of  school  officers 28,  29,  30,  58 

Of  school  treasurers 30,  58,   60 


INDEX.  103 

Of  State  Superintendent    28,29 

Teachers'  monthly 79    (b) 

Teachers',  term 79    (c) 

Rolls,  scholastic  census,  sworn  to 60    (b),   60    (d) 

County  consolidated 60    (d) 

Consolidated  of  independent  district  prepared  by  county  super- 
intendent     60    (g) 

Salaries — 

County  judge 50 

County  superintendent 47 

State   Superintendent    23 

Teachers 72,  73,  74}  138 

Sale  of  school  property 125,   183 

Sam  Houston  Normal  Institute.     (See  Appendix  A.) 

Sanitation  of  schoolhouses.      (See  Appendix  C.) 

Scholastic  age .60,   68,   69 

May  be  extended 137,  205 

Scholastic  census 60 

Abstract  of 60    (d) 

Census  trustee  administers  oath 60 

City  consolidated  roll  made  by  county  superintendent 60    (g) 

County  consolidated  roll    60    (d) 

Manner  of  taking 60 

Parents  swear  to  child's  birthday 60 

Refusal  to  render  child 60    (a) 

penalty    , 60    (a) 

School  corporations — 

Assessment  of  taxes 164,   165 

Assessor  and  collector 164,   165 

Bond  of  school  treasurer 52,   202 

Bonds,  may  issue 160 

may  be  refunded 168 

Boundaries  changed  by  commissioners  court 170 

Corporations  heretofore  made  validated.- 158 

County  assessor  may  assess 165 

County  line  independent  districts  authorized 174 

County  collector  may  collect 165 

Election  on  incorporating 154 

Election  of  trustees 153,  155,  196,   197 

Enforced  collection  of  taxes u. 164 

Extension  of  boundaries   . *. 169 

Fees,  assessor  and  collector. 164 

of  county  assessor  and  collector. 165 

Incorporation  authorized 154 

may  be  abolished 176 

becomes  effective 155 

Issue  bonds  for  building 160 

Levy  of  taxes 156,   160,   175 

Powers  of  corporations   .  .  . 154 

Powers  of  trustees 156,  160,  164,  202-207 

Pro  rata  of  school  fund .-.-.. 154 

School   buildings    160 

Sinking  fund    160,   166,   167 

Term  of  office  of  trustees 200 

Treasurer,  gives  bond   .........: 52,  53,  54,  202 

how  chosen 52 

Trustees,  authority  of 156,  160,  164,  202-207 

election  of 153,  155,  196,  197 

choose  officers    189,   202 

School  district.     (See  Districts,  School.) 

School  fund.     (See  Fund.) 

Schoolhouses — 

Bonds  for,  in  cities 184 

in  common  school  districts 116-122 

in  school  corporations 160 


104  INDEX. 

Bonds  for  brick  and  stone  buildings .  . 118,  160 

wooden  buildings 118,  160 

Built  by  one  race,  not  used  for  the  other 128 

Control  of  (See  Cities  and  Towns) 126,  182,  203 

Furniture,  repairs,  etc 60  (b) 

Liens  upon,  waived 124 

Sites  for 60    (b),  184 

Trustees  approve  accounts  for  building,  etc 123 

Trustees  contract  for  building,  etc 123 

Use  of  school  funds  for 60  (b) 

School  laws,  publication  of , 27 

School  month 75 

School  property.     (See  also  Schoolhouses.) 

Control  of    126,   129,   182,  203 

Sale  of 183,  203 

Title    129,    182,  203 

Schools — 

Control  of 135,  157,  177,  203 

Separate  for  white  and  colored  children  (Const.,  art.  7,  sec.  7) 
68,  133 

School  tax.     (See  Taxes.) 

School  term  (Const.,  art.  7,  sec.  3) 136 

School  day 75 

School  grounds,  under  control  of  trustees 126 

Penalty  for  loitering  on 197 

School  week 75 

School  year 70 

Sectarian  schools  (Const.,  art.  7,  sec.  5) 65 

Separate  schools  for  children — 

White  and  colored  (Const.,  art.  7,  sec.  7) 68,  133 

Sinking  fund,  created 120,  167 

May  be  invested 166,  167 

Southwest  Texas  Normal  School.      (See  Appendix  A.) 

Stamps,  stationery,  expressage  and  printing  for  county  superintend- 
ent   47 

State  Board  of  Education — 

Appeals  to 23,  101 

Members  of  (Const.,  art.  7,  sec.  8) 7 

Powers  and  duties  (Const.,  art.  7,  sees.  .4,  5,  8) 7-20 

State  Superintendent,  Secretary  of 8 

State  Comptroller.      (See  Comptroller  of  Public  Accounts.) 

State  Normal  Schools.     (See  Appendix  A.) 
Board  of  Regents.     (See  Appendix  B.) 

Diplomas,  permanent  certificates 87 

Grant  first  and  second-grade  certificates 87 

State  Institution  for  the  Training  of  Juveniles.     (See  Appendix  A.) 

State  Superintendent — 

Administers  school  law 23 

Advises  school  officers 25 

Appeals  from    23,  101 

Appeals  to  .  . 24,  101 

Approves  accounts  against  school  fund 24 

Attests  certificate  of  apportionment 9 

Cancels  certificates   101 

Delivers  abstract  of  apportionment 9 

Election  of 23 

Files  and  indexes  reports  and  documents 31 

Furnishes  blanks 30 

Investigates  census    60  (e) 

Issues  instructions   24,  25 

May  authorize  special  examinations    80 

Oath  of  office 23 

Passes  on  census  returns 60    (e),   60  (f) 

Prescribes  and  furnishes  blanks  and  forms 24 

Prescribes  examination  questions 80 


INDEX.  105 

Prescribes  regulations  for  Summer  Normals 88 

Prescribes  rules  for  examinations 81,   82 

Publishes  school  law 27 

Report  of 28 

Requires  reports 30 

Rulings  of,  binding 24,   25 

Salary  of , 23 

Scholastic  census  forwarded  to 60    (d) 

Secretary  Board  of  Education 

Term  of  office 23 

Visits  and  addresses  teachers'  institutes 26 

Studies  taught  in  public  schools — 741 

Summer  Normal  Institutes — 

Attendance    43,   43A,   43B 

Certificates 88 

Regulations    -i 88 

Recorded  attendance  by  county  superintendent 43B 

Superintendent — 

County.     (See  County  Superintendent.) 
State.     (See  State  Superintendent.) 

Supplies  for  schools   57    (b) 

Suspension  of  pupils 71 

System  public  schools.     (See  Const.,  art.  7,  sec.  1.) 
Taxes,  school — 

In  cities  and  towns — 

authorized  (Const.,  art.  7,  sec.  3) 185-187 

assessor  and  collector 191,  192,   193 

extension  of  taxing  limits 193 

fees  for  assessing  and  collecting 191 

levy  and  collection  of 185-192 

limit 185,   187 

rate  fixed  by  trustees 190 

specific 187-189 

vote  to  authorize 184,   185 

In  common  school  districts — 

assessment  of 115,  120 

authorized  (Const.,  art.  7,  sec.  3) 106 

collection  of    115,  120 

diminished 112,   113 

elections,  concerning 106-121 

fees  of  assessor 115 

fees  of  collector 115 

increase  of 114 

in  county  line  districts 172,   173 

levy  of i 115,   120 

limit  of  (Const.,  art.  7,  sec.  3) 106,  107,   120 

qualified  voters  (Const.,  art.  7,  sec.  3) 106,   110 

In  corporations  for  school  purposes  only — 

assessment  of    164,   165 

assessor  and  collector 164,   165 

authorized  (Const.,  art.  7,  sec.  3) 156,   160 

county  assessor  may  assess 165 

county  collector  may  collect 165 

elections,  notice  of   162 

extension  of  taxing  limits 169 

fees  for  assessing 164,   165 

fees  for  collecting 164,   165 

for  bond  issue 160 

for  maintenance 156,  160 

levy  of    175 

limit  of,  for  building  purposes 160 

petition  to  order  election  for 161 

to  provide  sinking  fund 160 

vote  to  levy 160 

voters,  taxpaying,  may  vote 163 


106  INDEX. 

State — 

ad  valorem  (Const.,  art.  7,  sec.  3) 1,  2,  3 

occupation  (Const.,  art.  7,  sec.  3) 1 

poll  ( Const.,  art.  7,  sec.  3 ) 1 

rate  of 2 

Teachers.  (See  Certificates,  Teachers';  Registers,  Teachers';  Reports, 
Teachers';  Salaries,  Teachers';  Trustees;  Examinations;  Ap- 
peals.) 

Appeal  when  certificate  is  canceled 101 

Appeal  when  dismissed 135 

Attend  county  institutes 43,  43A 

Attend  summer  normals 43,   43A 

Certificate  canceled  for  not  attending  institute 43 

Certificate  canceled  for  other  causes 101 

Duties  of 72-79 

Draw  salary  while  attending  institute 43B 

Make  affidavit -to  vouchers 138 

May  not  be  agent  of  publishers 207,   208 

Must  hold  certificates 72,   73 

Reports  approved  by  trustees 79    (b) 

Shall  keep  registers 79    (a) 

Shall  make  reports 79    (b) ,   79    (c) 

Trustees  contract  with 72,  73,  74,  136,  137 

Trustees  employ  and  dismiss 135,   137 

Use  English  language   : 77,82 

Vouchers  approved  by  trustees 136,   138 

Terms,  School — 

Constitutional  requirement  (Const.,  art.  7,  sec.  3). 

Length  of 57    (b),   137,   186 

Texas  Industrial  School  for  Girls.     (See  College  of  Industrial  Arts.) 

Text-books,  State  adopted 208-212 

Title  to  school  property 129,  182,   203 

Transfer  of .  134,   183 

Towns  and  villages  incorporated  for  school  purposes.      (See  School 

Corporations.) 
Transfers — 

By  county  board  for  high  school  purposes 144 

Children    61-64 

Permanent  to  available  fund   (Const.,  art.  7,  sec.  5.) 

School  fund  .  . 61,   64 

Treasurers — 

Reports  of 30,   58 

Penalty  for  failure  to  report 58 

County  depositary 52-58 

accounts  with  each  district 55 

bond    52 

carries  over  balance 56 

notified  of  apportionment 9 

reports 30,   58 

notifies  county  superintendent  of  apportionment 55 

Of  school  board  in  independent  districts — 

best  bid  on  interest 52 

bond    202 

chosen  by  school  board 202 

duties .  52,  53,  58,   202 

receives  pro  rata  of  funds 55,  154,  192 

receives  school  taxes 165,   192 

reports  of .  30,   58 

State    36-39 

Trustees — 

Of  common  school  districts — 

appointment  of,  by  county  superintendent 131 

apportion  funds  to  schools 44 

approve  accounts    123,   136 

approve   teachers'   reports 79    (b) 

approve  teachers'  vouchers 136 


INDEX.  107 

.body  corporate 134 

census    60,  60  (b),   60  (c) 

compensation  for  taking  census 60    (f ) 

contract  for  buildings,  repairs,  etc 57  (b),   123 

contract  with  another  district  to  teach  pupils.  .  .  . ; 64 

contract  with  teachers 72,  73,  74,  135,  136,   137 

county  superintendent  fills  vacancies * 131 

determine  number  and  location  of  schools 103,   136 

determine  when  schools  open  and  close 136 

dismiss   teachers    135 

election  of  trustees 130,   133 

eligibility    131,   133,   207 

employ  teachers  and  assistants 73,   137 

have  control  of  buildings  and  grounds 126,   136 

of   consolidated   district 61 

manage  and  supervise  schpols 135,   136 

pay  teachers 138 

qualifications 131,  133,   207 

sell  school   property 125 

take  scholastic   census 60 

transfer  children  of  district  by  contract 64 

vacancies,  how  filled . 131 

Of  independent  districts — 

adopt  regulations  for  schools *.  .  . 

agents  and  attorneys  of  publishing  houses  not  eligible 207 

appointment  of,  by  city  council 195 

approve  petition  for  extension  of  city  limits 193 

authority  of  . 156,  182,  202,   203 

authorized   155,  182,   196 

compensation  of  census  trustee 60    (f) 

compensation,  serve  without 196 

choose  officers    , 202 

collection  of  taxes,  enforced .  . 164 

county  judge  orders  first  election 153,  155,  196,   197 

control  of  property 156,  182,  203 

election  of ..155,   195,   199 

election  ordered  by  the  county  judge :  .155,  196,   197 

election  ordered  by  the  mayor 195 

election  ordered  by  trustees 161,   197 

election  to  fill  vacancy. 204 

election  to  determine  how  trustees  shall  be  chosen 195 

extend  course  of  study 205 

extend  limits  of  school  corporation 169 

extend  city  limits,  approve  petition  to 193 

give  notice  of  bond  election  in  school  corporation 162 

issue  bonds  in  school  corporations 160,   168 

invest  sinking  funds  of  school  corporation 166,   167 

levy  tax  for  bonds  in  school  corporation 160 

levy  tax  for  maintenance  in  school  corporations 160 

make  requisition  for  tax  levy  in  cities 190 

refund  bonds    .  .  .- 168 

sell  school  property 183 

serve   without   compensation 196 

take  scholastic  census :  . 60 

vacancies,    how    filled 204 

Trustees  of  independent  districts  at  eleemosynary  institutions 21 

Unexpended  balances  of  school  funds 56 

University  of  Texas.     (See  Appendix  A.) 

Vacancies  in  board  of  trustees.  . 131,  204 


108  INDEX. 

Vouchers  of  teachers 4r    7q  r_x     1QR 

Waiver   of  error..  45'  79  (c)'  136'   138 

of  lien ;;;;;  |j 

West  Texas  Normal  College.     (See  Appendix  A  ) '  * 

White  and  colored  schools,  separate  (Const.,  art.  7,  sec.  7) ....  66,  68,    133 

i ear,  scnool _,. 


24791 


